Government says next Election Commission will be formed under new law

Law Minister Anisul Huq maintained all along that a new law to institute the Election Commission would not be passed or used to constitute the next commission, but the government has now budged from that position.

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After the cabinet passed the draft of a law to form the commission on Monday following demand from political parties, the minister said the law would be put before parliament for passage next week and the new EC will come into existence under the new law.

Obaidul Quader, general secretary of the ruling Awami League, hinted that they would not delay the passage of the law

The “Chief Election Commissioner and Election Commissioners Appointment Bill 2022” will be placed on Sunday, Jan 23, said Anisul, speaking to bdnews24.com on Monday evening

Usually a bill is run through the parliamentary standing committees for scrutiny, and it is passed after the committee sends it back.  

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But the quick passage of a law without scrutiny is not unprecedented and the Awami League government can do it easily as it enjoys absolute majority in parliament.

Two months ago, it took two days to pass a law on increasing judges’ salaries and allowances.

After President Md Abdul Hamid sat with the Awami League in the afternoon to discuss a new Election Commission, Quader said: “Nothing is impossible. Our all-out efforts will continue because it [a law to form EC] is a public demand.”

The Election Commission led by KM Nurul Huda ends its term on Feb 14. The president has called meetings with the political parties to discuss the formation of the next Election Commission. The talks ended through his dialogue with the Awami League.  

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The government had earlier said a ‘search committee’ would be formed and the committee would then recommend suitable names for the Election Commission to the president.

The president would pick the commissioners and their chief from these recommended names to form the new commission. The new Election Commission will oversee the 12th parliamentary elections in 2023.

Most of the parties that attended the talks have called for parliament to pass a law that specifies the process for the constitution of the electoral commission. Some have also called for an "impartial" election-time government to oversee the ballot.

The appointment of election commissioners has always given rise to political controversy in the past 50 years. The ‘search committee’ system used on the last two occasions has also drawn criticism from some quarters.

The cabinet passed the draft law, however, with a provision on forming the search committee.

The draft law also notes the criteria for an individual to be appointed as an election commissioner, said Cabinet Secretary Khandker Anwarul Islam.

“They must be Bangladeshi nationals, at least 50 years old and must have worked in government, semi-government, or private sector or in the judiciary for at least 20 years,” he said.