Non-party Caretaker Government (CG) system was born out of mistrust among political parties. It is not welcomed by the party in power. There has developed a notorious tradition of manipulation of election process by the party in power in their favour, disregarding the rights of the people. Some interested groups happen to argue against Caretaker Government as an unelected ad-hoc body. The prolonged CG backed by the army at the end of the 8th parliament is also a point for such argument.
As distrust is not diminished, rather aggravated, non-ruling parties and the general people do not seem to be convinced that an election under the government in power will be fair even if the Election Commission is strengthened. The Caretaker Government may be given an institutional shape coupled with a national Security Council which itself may be a vital institution for the nation to avert possible crisis. National Security Council or Advisory Council on National Security may be composed of 1) the President (ex-officio) as Chairman, 2) the Prime Minister (ex-officio) as the Vice-chairman, 3) Secretary General (to be selected or elected by and from amongst all other non-ex-officio members), 4) nominee of the Chief of the Army, 5) Nominee of Chief of Navy, 6) Nominee of the Chief of Air Force, 7) Chief of Intelligence (ex-officio), 8) Minister of Foreign Affairs (ex-officio), 9) Minister of Planning (ex-officio), 10) Minister of Finance (ex-officio), and Minister of Defence (ex-officio), 11) -12) Nominees of ruling party MPs (13 -15), Nominees of non-ruling party MPs, (16-20), Multi-disciplinary experts and professionals of high integrity, recommended by the Secretary General for approval by Parliament and appointed by the president for a term of 4 years. The non-ex-officio members shall have expertise, innovative ideas, strong sense of justice, respect for human rights, and the capability of identifying national interest and security issues. Areas of expertise may include development strategy, technology, R&D, industry, infrastructure, economic and social development, education, natural resource, minerals, energy, international trade, fiscal and monetary system, inward and outward FDI and so on.
The members shall be appointed by the president and approved by Parliament. In case Parliament disapproves any member, the president may send another list which will automatically be approved within seven days. National Security Council (NSC) meetings shall be attended by concerned ministers, three service chiefs, the Attorney General, the Comptroller and Accountant General and other persons or officials when so needed or invited. The members of the National Security Council other than the Prime Minister, Ministers and ex-officio members shall be persons who at the time of appointment: (a) are qualified for election as a member of Parliament; (b) are not members of any political party or of any organisation associated with or affiliated to any political party; (c) are not, and have agreed in writing not to be, candidates for the ensuing election of members of Parliament; (d) have not acquired any foreign citizenship or divested his own; (e) have not been in any public service within last three years; and (f) are not over 75 years of age. Any member of the National Security Council shall vacate his seat if, (a) he resigns from his position, (b) his nomination is withdrawn by the authority that nominated him, with three month's advance notice and nominated another person in his place; (c) his term of three years' service expires; and (d) looses his qualification as a member, or is not available for physical reason.
The term of office of a member of the Council is four years, but one member can serve a maximum of two terms, if so appointed. The function of the Council may be conducted when no less than three-fourths of the total members are present in any particular meeting. The President shall take necessary steps to fill in any permanent vacancy arising in the Council, within not more than fifteen days of occurrence of such vacancy, unless Parliament is already dissolved. The National Security Council may advise the President on any matters of national importance and the President may seek its advice on any matter. The President on his own, or on the request of at least four other members, may advise the Secretary General to serve notice of any regular or special meeting of the Council.
The meeting or its subject of discussion may either be confidential or public as may be decided by the President in each case, but all orders issued by it must be made public. The National Security Council, in consultation with the President, by its order may appoint any reasonable number of advisors, consultants, permanent or ad-hoc committees of members selected mainly from persons qualified to be its members to offer it expert advice on important national issues. The state shall bear their expenses. The President shall fix the remuneration, privilege and other entitlements of the members of the National Security Council and the committees or the advisors appointed by it, provided that the remuneration and privilege of any member of the National Security Council shall not be less than that of a Minister, and the remuneration of any council adviser or Consultant or Committee members, not less than any Deputy Minister or as may be decided at the time of appointment. The main duty of the National Security Council shall be to find ways and means to manage to avert national crisis arising out of collapse in law and order, non-cooperation, emergency or danger to national economy, social life or national security, and advise the president to take measures to advise the Prime Minister to take proper action or correct any violation of law or the constitution if so happened. If the Prime Minister does not take actions, the president shall issue order to arrange a referendum on the issue which shall be binding on the Prime Minister and the Election Commissioner. It shall not arbitrarily interfere with any activity of the state except as provided for in this Constitution or in any law. The President may however request and authorise the Council to carry out some specific executive functions whenever he feels it necessary under the terms decided by him, subject to provisions of this constitution or of law.
Immediately after dissolution of Parliament, the President shall appoint the Secretary General of National Security Council, if he is not available, any other qualified member of the National Security Council, as the Chief Adviser (CA) and other members of the Council as advisers to the Election-time Interim Government, all of whom shall concurrently hold their respective positions in the National Security Council. The President shall also appoint not more than seven other advisers to the Election-time Interim Government from amongst persons qualified to be members of the National Security Council, on the advice of the Chief Adviser.
The Chief Adviser or an Adviser may resign from his office by writing under his hand addressed to the President. The CA or an Adviser shall cease to be CA or Adviser if he is disqualified to be appointed as such under this article. The CA shall have the status, and shall be entitled to the remuneration and privileges of Prime Minister, and an Adviser shall have the status, and shall be entitled to the remuneration and privileges of a Minister. The Election-time Interim Government shall stand dissolved on the date on which the Prime Minister enters upon his office after the constitution of new Parliament. The Election-time Interim Government shall carry on the routine functions with the aid and the assistance of persons in the services of the Republic; and, except in case of necessity for the discharge of such functions it shall not make any policy decision. The Election-Time Interim Government shall give the Election Commission all possible aid and assistance that may be required for holding the general election or any other election under their responsibility, peacefully, fairly and impartially. Constitution must not be allowed to be amended without people's consent in a referendum. Notwithstanding anything contained in articles 48(3) of the Constitution, during the period the Election-time Interim Government functions, provisions in the Constitution requiring the President to act on the advice of the Prime Minister shall be ineffective.
The constitution needs amendment, allowing any qualified person to contest without condition of evidence of certain number of votes. Party registration shall not impose condition of opening so many branch offices. People will not be able to enjoy democratic right in a police state or party state or dictatorship. Article 70 of the constitution must allow the MPs to exercise their own rights of free thoughts on law making. We must let the people enjoy responsible democracy.
Dr. Mustafizur Rahman is Chairman of the Institute of Development Strategy. The views expressed here are of the writer's own, and not necessarily of the organisation he represents.
idsrahman@msn.com
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