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Govt's authority remains as it is

SHAKHAWAT LlTON
The election-time government formed yesterday through reshuffling of the cabinet will have no limitation on its powers and functions. The constitution allows it to work unhindered and it will be able to make any policy decision that could even influence the election.
And Prime Minister Sheikh Hasina, who reshuffled her cabinet, retains the power to hire and fire any member of the "polls-time cabinet", as she could hire anyone and ask
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anyone to resign or else ask the president to fire the cabinet member. Nothing will restrict prevent her from staying as an all-powerful prime minister in the coming days.
So, there is a huge difference between the powers and functions of the prime minister and her "polls-time cabinet" and those of the chief adviser and advisers of the caretaker government system that has been abolished in June 2011.
The chief adviser did not have the authority of hiring and firing advisers. Moreover, the chief adviser used to act on the advice of the council of advisers. But the premier does not need any advice from her cabinet members in order to act.
The caretaker government had limited constitutional jurisdiction. It used to discharge its functions as an interim government and carry out the routine functions of such a government and was not empowered to make any policy decisions. It gave the Election Commission all possible assistance that might be required for holding the parliamentary polls.
During the caretaker government regime, the president emerged as a powerful head of state as he could perform his functions without the
advice of the chief adviser. Moreover, he would ensure the accountability of the caretaker government. He also held the portfolio of the defence ministry.
But in this polls-time government, the president will need to perform all his functions on the advice of the prime minister, except for the appointment of the chief justice. This means the premier in fact will retain the authority to exercise the powers in the name of advising the president.
Only the electoral code of conduct will impose some restrictions on functions of the prime minister and her ministers.
According to the proposed changes in the electoral code of conduct, the prime minister, the leader of the opposition, ministers, lawmakers and other very important people will not get any government facilities during their campaign for the next parliamentary polls.
They will not be able to allocate money or make donations from any government, nongovernment or autonomous funds during the pre-election period, said the changes proposed by the EG.
But the code of conduct will take effect after the announcement of the election schedule and
this will only prevent individuals from using government facilities in their electioneering.
The proposed code of conduct will in no way prevent the polls-time government from making any major policy decisions.
Whether the prime minister's "polls-time government" would refrain from making any policy decision will depend largely on the wishes of the prime minister even though she had earlier announced that the election-time government will stay away from making such decisions.
The newly formed cabinet, popularly known as the government, cannot be termed an interim government since the parliament still exists. Existence of parliament allows the present government to enjoy the status of a regular government.
A regular government turns into an interim government only after the dissolution of a parliament in a country where the parliamentary' form of government is practised. And that interim government's only function is to carry out routine work and extend support to the EG to hold the polls.
But the polls-time government led by Hasina is not like that.