Thursday, June 30, 2011

Parliament has passed the 15th amendment bill

Parliament has passed the 15th constitution amendment bill, scrapping the caretaker government system and bringing some other basic changes in the charter.

The exit of the provision for holding national elections under a non-partisan caretaker government came through the passing of much-talked-about ‘The Constitution (Fifteenth Amendment) Bill, 2011’ in the parliament.

The constitutional amendment also brought a series of changes.

Prior to giving nod to bill, the lawmakers took part in a long discussion on it.

The discussions began at around 11:50am after Law, Justice and Parliamentary Affairs Minister Shafique Ahmed proposed to accept the bill as recommended by the parliamentary standing committee.

The bill was placed in the House on Saturday and sent to the parliamentary body the same day for scrutiny. Given two weeks, the committee completed scrutiny in four days.

BNP and its ally Jamaat-e-Islami have been boycotting the House since the current session began on May 22 and were strongly opposing the amendment.

The passage also means that the incumbent government will stay in power during the next parliamentary elections due in 2014. The BNP-led opposition fears that it will lead to rigging of the polls in favour of the incumbents.

CG SYSTEM

The special committee suggested that the caretaker provision be abolished as the Supreme Court in its verdict on May 10 revoked the system that came through the 13th amendment in March 1996.

And three subsequent governments were elected under provisional governments on expiry of the preceding elected governments.

The apex court in its landmark verdict also observed that the next two general elections could be held under unelected rulers.

The BNP, which has been opposing the annulment of the system, was asked by the ruling alliance as well as the parliamentary special committee to put forward an alternative, but it did not.

POLLS UNDER INTERIM GOVT

According to the committee proposal, the next general elections would be overseen by an 'interim government', within 90 days before its term expires.

Articles 118 to 126 dwell on interim government. It gives the Election Commission the authority to hold elections.

According to Suranjit Sengupta, the co-chair of the charter review panel, whichever government is there to oversee polls becomes an interim government. Ministers of that government will be able to contest elections.

He said the interim administration would only carry out 'routine work', while the EC will hold elections.

"The interim government will not be able to enact any policy. But any new law or code of conduct can be promulgated, if necessary."

POWER CAPTURE SUBVERSIVE

Section 7 (Ka) states that the capture of state power and suspension or staying the operation of the constitution will be treated as treachery and subversive act.

Parliament can hand down maximum penalty on those for usurping state power.

ISLAM, BISMILLAH, RELIGION-BASED POLITICS

Despite objection by two members of the review panel, 'Bismillah' and Islam as state religion and religion-based politics have been retained in 'greater interest of the people'.

Meanwhile, the panel proposed ensuring equal rights and dignity for the people of other religion.

To prevent the misuse of religion, a ban has been imposed on terrorism and militancy.

STRONG EC

A provision has been inserted in the charter to prevent anyone challenging the Election Commission decisions to be taken between the declaration of election schedules and publication of polls results through gazettes.

The number of commissioners has been set at five, including the chief election commissioner.

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