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PM can't advise any more on dissolution of JS!

SHAKHAWAT LITON
ARTICLE 123 (3) of the constitution stipulates two options for holding a general election. As per option A, if the Jatiya Sangsad (JS) is set to be dissolved because of expiry of its term, the next parliamentary election will be held within 90 days preceding such dissolution. Option B says that in case of dissolution of JS for any reason before expiry of its term the polls will be held within 90 days after such dissolution.
The current JS began its journey on January 25,2009 and is set to be dissolved on January 25 in 2014 after completing its five year term on January 24. So, in this case, option A will be applied, and this option takes effect today accordingly. Option B has become inoperative.
So, the next general election must be held within 90 days before the day of its dissolution. This means the next polls must be held at any time between October 27 and January 24. This is the timeframe for the next battle of ballots.
The beginning of the 90- day countdown means the election period and process have started. It is supposed to kick-off a new dimension in election politics from today. The incumbent government should start today to act as an interim election time government. It should refrain from taking any decision which may influence the polls in its favour. The electoral code of conduct is supposed to take effect from today, restricting the government’s jurisdictions. The Election Commission is supposed to stand on stage in the spotlight. When will it declare the election schedule? When will the election be held? Such questions are whirling in the public's minds. But the reality looks gloomy and future remains bleak. The beginning of the 90-day timeframe in fact paves the way for worsening of the ongoing political crisis. How? The constitutional provision for holding polls within 90 days before expiry of the current parliament tenure means the next election will have to be held without dissolving the present JS. This means MPs will remain in office when they seek re-lection. This will, of course, give them some extra benefit in the battle of ballots. It will stand in the way of creating a level playing field. Electoral experts have long been saying this.
Excepting India, it is difficult to name any other country practicing parliamentary democracy where general election is held without dissolving the parliament. Parliaments in UK, New Zealand, Australia and Canada are dissolved before the general elections. India is an exception. So, far six parliamentary elections were held in India after dissolution of parliament while eight elections were held without dissolution of the House. But the political culture and practices are different from those in Bangladesh.
There is no controversy in India over the election time government. The outgoing cabinet turns into an election time caretaker government during the polls period. The electoral code of conduct is very stringent, restricting the government jurisdiction. The strong EC takes control of the show. It does not spare anybody, regardless of his or her post or political affiliation. But our pervasive political culture and weak EC cannot give any hope for changes.
So, dissolution of parliament is a must for holding the next general election in a free and fair manner. But the beginning of the 90-day constitutional timeframe today has closed the window for dissolving the parliament before the polls.
In the view of eminent jurist Shahdeen Malik, any move to dissolve the current parliament on or after October 27 will be against the constitution.
As per the constitution, the prime minister advises the president to dissolve the House, if she feels it fit.
Veteran jurist Rafique-Ul Huq does not see any legal complication in dissolving the House after October 27. But, in his view, it will be against the norms of democracy.
But if the prime minister now says that she will advise the president to dissolve the House any day before January 24, the last day of this parliament's term, the election will be held after parliament's dissolution on the date announced by the PM, he said. If the prime minister wants to do so, she should make the announcement before October H.
The prevailing situation may give additional benefit to Prime Minister Sheikh Hasina, who has been remaining rigid to hold the next polls without dissolution of the current House. She, from today, may intensify her argument that there is no more constitutional scope to dissolve the current parliament. So, she may argue more every political party and individual willing to honour the constitution should continue demanding dissolution of the parliament before the general election.
The political situation will take a new turn from today. The beginning of the 90-day timeframe embraces 60-hour long countrywide hartal to be enforced by the BNP-led opposition parties to realise their demand for installation of a non-partisan election time government. BNP chief Khaleda Zia has also threatened that her party led alliance would enforce tougher agitation programmes after enforcing 60-hour long strike. The opposition leaders have already made it clear that they would enforce series of hartals, blockades and other programmes to make the government unable to perform in the coming days.
Hasina, more than a week ago, offered formation of an all-party election time government. But she did not take any steps to this effect. Her party also refrained from replying to the BNP's letter for holding talks to form an election time government.
In such a situation, the constitutional provision for holding the general election without dissolving the current JS takes effect today. And this will no way contribute to resolving the ongoing political standoff. Rather, it will contribute to worsening the present political crisis. The situation will be more volatile if the government moves ahead for holding the polls within the 90-day timeframe without resolving the political impasse. The writer is Senior Reporter, The Daily Star.