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Election : Debate over Constitutional or Unconstitutional

Election : Debate over Constitutional or Unconstitutional
Opinion

The history of parliamentary elections in Bangladesh has seen various forms of government systems being implemented. The Awami League, presently in power, aims to hold the upcoming 12th National Assembly elections under the existing system, as amended by the 15th amendment to the Constitution. The previous 10th and 11th parliamentary elections were also conducted under the same system.

Prior to the 15th amendment, the Thirteenth Amendment introduced a non-partisan caretaker government system in 1996. The seventh and eighth parliamentary elections were held under the caretaker government, and Awami League and BNP won these elections respectively.

After the eighth parliament term ended, a non-partisan caretaker government was formed under a president nominated by the party government without exhausting all the options prescribed by the constitution. This became controversial, and an army-backed caretaker government was formed under a retired Bangladesh Bank governor. The ninth parliamentary elections were held under this military-backed caretaker government, where Awami League won more than two-thirds of the 230 seats and formed the government.

Out of the 11 parliamentary elections held so far, seven were held under the ruling party government, and Awami League was in power during the first, tenth, and eleventh parliamentary elections. BNP was in power during the second and sixth parliamentary elections, while the National Party was in power during the third and fourth parliamentary elections. The fifth parliamentary election was held under a caretaker government headed by a sitting Chief Justice, the seventh and eighth parliamentary elections were held under a non-party caretaker government, and the ninth parliamentary election was held under a military-backed caretaker government.

According to the current provisions of the Constitution, general elections of the Parliament should be held within 90 days before the dissolution of the Parliament due to expiration of term and within 90 days after the dissolution of the Parliament due to any reason other than expiration of the term.

There is a debate between the ruling Awami League and the main opposition political party, BNP, on whether the upcoming electoral system is constitutional or unconstitutional. The ruling Awami League wants to protect the Constitution and hold elections according to it. The Law Minister has stated that the upcoming 12th National Assembly elections will be held according to the Constitution, and he does not see the possibility of a caretaker government returning.

The conflict between the ruling Awami League and the main opposition political party, BNP, has created many doubts among the public regarding the upcoming 12th parliamentary elections. Although the current ruling party plans to participate in the election according to the Constitution, the absence of BNP may impact the credibility of the election. The ninth parliamentary election had the highest voter turnout in history, with more than 86 percent of voters exercising their right to vote.

Writer: Dr.Md Abu Bakar Siddique (Dr Dipu Siddiqui), Associate Professor & Chairman Department of Education Royal University of Dhaka and Country Director of  Bangabandhu Commission and MTV Network, USA.