13th amendment Amici curiae for strengthening EC

Senior jurists Barrister Rafiq-ul Haque and Dr M Zahir expressed identical views Wednesday for strengthening the Election Commission (EC), reports BSS. They also submitted alternative opinions to amend the existing caretaker system by taking part in the hearing as amici curiae in the appeal hearing against a High Court (HC) verdict. An HC bench earlier declared the 13th amendment to the Constitution as not illegal, while disposing of a writ petition that challenged the legality of the 13th amendment to the constitution. The caretaker government system was introduced in the constitution by bringing the 13th amendment to it. Barrister Haque stated that the caretaker government system was introduced long before, which was adopted in a separate atmosphere in the country. He said according to the amendment a non-elected body would run the country for three months, which is not recommendable. "If this system is felt essential, in that circumstances, the judiciary should be apart from the government," he said. He added that involvement of the judges in the system tarnishes their image as well as the image of the judiciary. He recommended formation of a body comprising of 10 MPs from treasury bench and the opposition before dissolution of parliament. He expressed the view that they would prepare a list, who will be the chief adviser of the caretaker government. Dr M Zahir came up with the opinion that parliament would select 10 MPs before its dissolution and they will run the caretaker government under the leadership of the President for a month and the polls will be held within this period. He also suggested strengthening the EC and providing financial independence to maintain this organ and referred to the Indian Election Commission's authority. The hearing on the appeal started March 1 before the Appellate Division comprising seven judges headed by Chief Justice ABM Khairul Haque.