The Constitution Reform Commission has proposed an interim government system to oversee elections and outlined a comprehensive framework for the selection of this government’s chief.
The interim government, commonly known as a caretaker government, will take over after parliament is dissolved, and ensure a smooth transition to a newly elected government. It will remain in office until the next elected government takes oath, according to the commission’s proposal.
The head of the election-time government will be referred to as chief adviser. The appointment of the chief adviser will have to be finalised either 15 days before the expiry of the current assembly or within 15 days of its dissolution, recommended the reform commission, which submitted its report to Chief Adviser Prof Muhammad Yunus on January 15.
The tenure of this government would be 90 days. However, if the national election is held before the time frame (90 days), the tenure would expire soon after the prime minister of the newly elected government is sworn in.
The commission made another suggestion of forming a National Constitutional Council (NCC) to handle appointments of constitutional bodies like the Anti-Corruption Commission and Election Commission, and the three chiefs of army, navy, and air force.
The NCC will also appoint the chief adviser of the interim government for which the reform commission outlined a detailed procedure.
The first option is to select a suitable citizen of Bangladesh, provided that seven out of nine members of the NCC vote in favour. However, none of the NCC members will be eligible for the post of chief adviser.
If the first option is not feasible, the council may opt to appoint a former chief justice or a former judge of the Supreme Court’s Appellate Division. This decision requires the support of six of the council’s nine members.
If the council fails to agree on either of the two options, the president may be appointed as the chief adviser, but only if the council reaches a unanimous agreement.
If these options are not materialised, the last retired chief justice will be considered for the role of the chief adviser.
If the last retired chief justice declines, the council will sequentially approach previously retired chief justices in reverse order of their retirement until a willing candidate is identified.
If none of the former chief justices accepts the appointment, the council will then consider the most recently retired judge from the Supreme Court’s Appellate Division. The council will continue to work backwards until it finds a suitable and willing candidate.
The chief adviser will be supported by an advisory council that must not exceed 15 members. This advisory council will work collectively to ensure that the interim government fulfils its primary mandate of conducting free, fair, and impartial polls.
Talking to The Daily Star yesterday, Prof Ali Riaz, head of the Constitution Reform Commission, said, “The recommendation for the formation of the caretaker government aims to appoint a chief of the interim government who is acceptable to all.”
He added that the proposal also aims to ensure the participation of all stakeholders so that the government alone cannot unilaterally impose decisions regarding the interim government’s formation.
Additionally, the process would ensure that the opposition’s stake is recognised and upheld during the formation, he said.
The reform commission emphasised that the selection of advisers for the interim government should not rest solely with any individual or single institution. Instead, this critical responsibility should be entrusted to the NCC, as proposed by the commission, Prof Riaz opined.
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