About mid-term election
Wednesday, 10 November 2010
Abdul Mannan
Usually mid-term construes middle of the term in question or at its best near about that point. Parliamentary election to be held anytime before completion of the 5 year-term is however, called mid-term election. Such is the practice elsewhere e.g. UK., Australia and India. Technically, this could have been given a nomenclature as an election prior to completion of efflux-time. However, nothing wrong to call it a mid-term election.
Relevant provisions of our Constitution provides.
Article 123(3) as, "Unless sooner dissolved by the President, Parliament shall stand dissolved on the expiration of the period of five years from the date of its first meeting" and
Article 72 (3) says "A general election of members of Parliament shall be held within ninety days after Parliament is dissolved, whether by reason of the expiration of its term or otherwise than by reason of such expiration".
Thus the two provisions show amply clear as to dissolution of Parliament in two ways i.e. upon efflux of time or by Presidential Proclamation which needs an advice by the Prime Minister as per Article 48(3). Such advice is not needed as per Article 58E during the care-taker Govt.
We may here keep ourselves abreast of the following quotes applicable to Indian Parliament from the book "Practice and Procedure of Parliament" authored by M/S Kaul and Shakdher :
(a) "Dissolution of Lok Sabha may be effected before the expiry of its term by an order made by the President. At the end of its term, Lok Sabha stands automatically dissolved even if no formal order of dissolution is issued by the President".
(b) "The dissolution of Lok Sabha before the completion of its full term is not unconstitutional".
(c) "Once a Legislature is duly constituted, it becomes capable of dissolution though it begins to function only after it has been summoned to meet".
The above-mentioned constitutional provisions and referrals are simply enough to authenticate that Parliament may be dissolved before completion of efflux-time and mid-term election can be held beyond doubt.
We may now refer to some of the recent rhetorics by some political leaders :
(i) Recently a top AL leader has said the people have given a mandate to the Govt. for 5 year-term to govern (good governance ?). Hence to ask for a mid-term election is a mockery with the mandate, very little though he has perhaps realised that the mandate is subject to the constitutional provisions for earlier dissolution.
(ii) Another high-up amongst top AL ranks has recently invited BNP to come to Parliament and initiate a motion for non-confidence vote, perhaps deliberately forgetting incidence of Article 70 of the Constitution for which no such motion can be passed by fulfilling a mandatory simple majority, where as the Govt. has a comfortable and bountiful of three-fourths majority, against the dictates of the ruling party or coalition. Is it not then a hoax proposal ?
We may discuss briefly the conditionalities for earlier dissolution of Parliament:
A. Action by Prime Minister -
(i) When it is thought that to hold election now, the climate is more propitious to ride with the wind and win than that at the efflux of time, then advice is given for Presidential Proclamation for earlier dissolution of Parliament.
(ii) When it is felt that due to economic, law and order chaos emanated wherefrom political hue and cry, an advice may perhaps be given for Presidential Proclamation to dissolve Parliament and the incumbent Govt. then usually goes into election with specific agenda and manifesto in order to arrest and address the issue.
B. Efforts by the Opposition -
(i) To submit a motion for no-confidence vote in Parliament the
present scenario in view of Article 70 shall rule this option out. Moreover, it is not due to Article 70 only but also our political culture is yet to come up to a standard as that of U.K., Australia, Newzeland, Canada and even India to go for no-confidence vote.
(ii) Having realised the plight of the people due to ill - governance
the Opposition may politically echo the voice of the people for a mid-term election. Such an essentiality may find its place in a Parliamentary system of governance since the incumbent Govt. is often found :
to suffer from complacency, to be blind to its own lapses and abuses, to be arrogant, ruthless and doers of all undoables to remain in power until efflux-time is over ; contrarily the people have no option or leverage to make home their points of sorrows and irritancies until they can exercise rights of votes in the next general election. Since the general mass is not well organized to speak for itself, it is political platform specially that of the Opposition which seizes this opportunity and speaks for the mass for realization of a mid-term election. The Opposition must have to remain alive to the writing on the wall and be able to read in between the lines.
Prevailing scenario in the Country : Needless to mention that in view of the situation the incumbent Govt. has to find out ways and means to best re-engage the Opposition, create propitious environment to bring the Opposition back to Parliament, do away with personal elements of vendetta, acrimony, vindictiveness and politicised but politically inadvisable and unaffordable action like attempt at eviction of leader of the Opposition from her residence after long 3 decades disregarding, interalia, political and moral obligations and sustenance of democracy; effecting cancellation of parole of her younger son through ominous presence of the Chief Executive Officer of Law at the door steps of the lower court.
Similarly, the incumbent Govt. must keep in view the following for quick solution in order to get out of situation where "Wishes are horses poor men can ride."
(i) Maintain the prices of essentials eg, rice, oil, sugar, spices etc at an affordable level for all shades of consumers and give no lame excuse of international price hikes, 'desyndicate' the syndicate and bring about more transparency, readjust price subsidies for rational pricing formula.
(ii) Take immediate steps to solve gas, electricity and water supply shortage issue.
(iii) Politicisation of administration, judiciary and criminalisation of politics especially in the interest of party must be put to a dead stop forth with :
(a) Politicisation of administration having taken an upstream and upturn through favoritism in promotions and postings, execution of odd transfers and even dismissals must fade away immediately.
(b) Subjectivity playing havoc in the judgments by the judiciary must come to its natural death.
(c) Sweeping withdrawal of cases against the party cadres having developed a perception amongst the people of cordiality and affection as if rendered here to 'in-laws' has to be done away with.
(d) An adviser to the incumbent Govt. advocated publicly as to the earmarking of jobs of the Govt. and affiliated bodies only for the party cadres. This speaks of political vacuum of the incumbent Govt. and requires to seek an apology.
(e) Harassment to girls (also women) which has now been given a brand-name as "eve - teasing" (though not very befitting) has taken a new dimension at a great momentum and the Govt. often keeps mum when it senses that "in-laws" might have been involved in it. Heavy punishment shall have to be rendered for the criminals of all shades.
(f) To be overactive to page out the alleged culprits if they smell BNP and to take no or little action to arrest alleged culprits even when video footage shows clear their identity, should they smell AL, show Govt's partisanship which needs immediate overhaul.
(g) With our friendly neighbor we have a tall list of pending issues, eg : Tinbigha corridor, sharing water of the common rivers, South Tallpatty, transit so on and so forth. We may come to terms keeping our national interest intact. We can not afford to forgo our interest of levying taxes / fees for transit right given to India. Our flamboyant Finance Minister gave an abrupt political decision of transit right without any levy of taxes as if nation has no Parliament. Can he also give so quickly an economic decision as to the net cost benefit ratio of such allowance of transit right given free? Consider the calculations of investment; and charges of interests and all other annual recurring costs etc as against revenues, name it either taxes or fees or both whatever way you like. The Finance Minister has exempted levying of taxes now, and advocated for guesstimated (?) fees yet to be in the offing as if two birds in the bush are better than one in hand ! Come on Mr. Finance Minister, come off it please and show us the transparency in your calculations, if proven right people may then support you, after having reexamined the national security.
Conclusion -
Let the Govt. be able to read in between the lines and then take appropriate measures to ameliorate the fate of the people, to re-engage the Opposition to set things politically right and come to terms-, for Parliamentary Democracy survives through amicable settlement of political issues upon political inclusion and tolerance rather than exclusion and intolerance. We must bear in mind Newton's Third Law of Forces -
" To every action there is an equal and opposite reaction." Let us not lose sight of Newton's Third Law,- for the people now look for the 'Renewal of Social Democracy' as advocated by Anthony Gliddens, director of London School of Economics in his book, " The Third Way."
The writer is a former State Minister, Former Chairman, Parliamentary Standing Committee, Ministry of Agriculture and former MD of Biman Bangladesh Airlines. E-mail : mmfedamm@gmail.com
Usually mid-term construes middle of the term in question or at its best near about that point. Parliamentary election to be held anytime before completion of the 5 year-term is however, called mid-term election. Such is the practice elsewhere e.g. UK., Australia and India. Technically, this could have been given a nomenclature as an election prior to completion of efflux-time. However, nothing wrong to call it a mid-term election.
Relevant provisions of our Constitution provides.
Article 123(3) as, "Unless sooner dissolved by the President, Parliament shall stand dissolved on the expiration of the period of five years from the date of its first meeting" and
Article 72 (3) says "A general election of members of Parliament shall be held within ninety days after Parliament is dissolved, whether by reason of the expiration of its term or otherwise than by reason of such expiration".
Thus the two provisions show amply clear as to dissolution of Parliament in two ways i.e. upon efflux of time or by Presidential Proclamation which needs an advice by the Prime Minister as per Article 48(3). Such advice is not needed as per Article 58E during the care-taker Govt.
We may here keep ourselves abreast of the following quotes applicable to Indian Parliament from the book "Practice and Procedure of Parliament" authored by M/S Kaul and Shakdher :
(a) "Dissolution of Lok Sabha may be effected before the expiry of its term by an order made by the President. At the end of its term, Lok Sabha stands automatically dissolved even if no formal order of dissolution is issued by the President".
(b) "The dissolution of Lok Sabha before the completion of its full term is not unconstitutional".
(c) "Once a Legislature is duly constituted, it becomes capable of dissolution though it begins to function only after it has been summoned to meet".
The above-mentioned constitutional provisions and referrals are simply enough to authenticate that Parliament may be dissolved before completion of efflux-time and mid-term election can be held beyond doubt.
We may now refer to some of the recent rhetorics by some political leaders :
(i) Recently a top AL leader has said the people have given a mandate to the Govt. for 5 year-term to govern (good governance ?). Hence to ask for a mid-term election is a mockery with the mandate, very little though he has perhaps realised that the mandate is subject to the constitutional provisions for earlier dissolution.
(ii) Another high-up amongst top AL ranks has recently invited BNP to come to Parliament and initiate a motion for non-confidence vote, perhaps deliberately forgetting incidence of Article 70 of the Constitution for which no such motion can be passed by fulfilling a mandatory simple majority, where as the Govt. has a comfortable and bountiful of three-fourths majority, against the dictates of the ruling party or coalition. Is it not then a hoax proposal ?
We may discuss briefly the conditionalities for earlier dissolution of Parliament:
A. Action by Prime Minister -
(i) When it is thought that to hold election now, the climate is more propitious to ride with the wind and win than that at the efflux of time, then advice is given for Presidential Proclamation for earlier dissolution of Parliament.
(ii) When it is felt that due to economic, law and order chaos emanated wherefrom political hue and cry, an advice may perhaps be given for Presidential Proclamation to dissolve Parliament and the incumbent Govt. then usually goes into election with specific agenda and manifesto in order to arrest and address the issue.
B. Efforts by the Opposition -
(i) To submit a motion for no-confidence vote in Parliament the
present scenario in view of Article 70 shall rule this option out. Moreover, it is not due to Article 70 only but also our political culture is yet to come up to a standard as that of U.K., Australia, Newzeland, Canada and even India to go for no-confidence vote.
(ii) Having realised the plight of the people due to ill - governance
the Opposition may politically echo the voice of the people for a mid-term election. Such an essentiality may find its place in a Parliamentary system of governance since the incumbent Govt. is often found :
to suffer from complacency, to be blind to its own lapses and abuses, to be arrogant, ruthless and doers of all undoables to remain in power until efflux-time is over ; contrarily the people have no option or leverage to make home their points of sorrows and irritancies until they can exercise rights of votes in the next general election. Since the general mass is not well organized to speak for itself, it is political platform specially that of the Opposition which seizes this opportunity and speaks for the mass for realization of a mid-term election. The Opposition must have to remain alive to the writing on the wall and be able to read in between the lines.
Prevailing scenario in the Country : Needless to mention that in view of the situation the incumbent Govt. has to find out ways and means to best re-engage the Opposition, create propitious environment to bring the Opposition back to Parliament, do away with personal elements of vendetta, acrimony, vindictiveness and politicised but politically inadvisable and unaffordable action like attempt at eviction of leader of the Opposition from her residence after long 3 decades disregarding, interalia, political and moral obligations and sustenance of democracy; effecting cancellation of parole of her younger son through ominous presence of the Chief Executive Officer of Law at the door steps of the lower court.
Similarly, the incumbent Govt. must keep in view the following for quick solution in order to get out of situation where "Wishes are horses poor men can ride."
(i) Maintain the prices of essentials eg, rice, oil, sugar, spices etc at an affordable level for all shades of consumers and give no lame excuse of international price hikes, 'desyndicate' the syndicate and bring about more transparency, readjust price subsidies for rational pricing formula.
(ii) Take immediate steps to solve gas, electricity and water supply shortage issue.
(iii) Politicisation of administration, judiciary and criminalisation of politics especially in the interest of party must be put to a dead stop forth with :
(a) Politicisation of administration having taken an upstream and upturn through favoritism in promotions and postings, execution of odd transfers and even dismissals must fade away immediately.
(b) Subjectivity playing havoc in the judgments by the judiciary must come to its natural death.
(c) Sweeping withdrawal of cases against the party cadres having developed a perception amongst the people of cordiality and affection as if rendered here to 'in-laws' has to be done away with.
(d) An adviser to the incumbent Govt. advocated publicly as to the earmarking of jobs of the Govt. and affiliated bodies only for the party cadres. This speaks of political vacuum of the incumbent Govt. and requires to seek an apology.
(e) Harassment to girls (also women) which has now been given a brand-name as "eve - teasing" (though not very befitting) has taken a new dimension at a great momentum and the Govt. often keeps mum when it senses that "in-laws" might have been involved in it. Heavy punishment shall have to be rendered for the criminals of all shades.
(f) To be overactive to page out the alleged culprits if they smell BNP and to take no or little action to arrest alleged culprits even when video footage shows clear their identity, should they smell AL, show Govt's partisanship which needs immediate overhaul.
(g) With our friendly neighbor we have a tall list of pending issues, eg : Tinbigha corridor, sharing water of the common rivers, South Tallpatty, transit so on and so forth. We may come to terms keeping our national interest intact. We can not afford to forgo our interest of levying taxes / fees for transit right given to India. Our flamboyant Finance Minister gave an abrupt political decision of transit right without any levy of taxes as if nation has no Parliament. Can he also give so quickly an economic decision as to the net cost benefit ratio of such allowance of transit right given free? Consider the calculations of investment; and charges of interests and all other annual recurring costs etc as against revenues, name it either taxes or fees or both whatever way you like. The Finance Minister has exempted levying of taxes now, and advocated for guesstimated (?) fees yet to be in the offing as if two birds in the bush are better than one in hand ! Come on Mr. Finance Minister, come off it please and show us the transparency in your calculations, if proven right people may then support you, after having reexamined the national security.
Conclusion -
Let the Govt. be able to read in between the lines and then take appropriate measures to ameliorate the fate of the people, to re-engage the Opposition to set things politically right and come to terms-, for Parliamentary Democracy survives through amicable settlement of political issues upon political inclusion and tolerance rather than exclusion and intolerance. We must bear in mind Newton's Third Law of Forces -
" To every action there is an equal and opposite reaction." Let us not lose sight of Newton's Third Law,- for the people now look for the 'Renewal of Social Democracy' as advocated by Anthony Gliddens, director of London School of Economics in his book, " The Third Way."
The writer is a former State Minister, Former Chairman, Parliamentary Standing Committee, Ministry of Agriculture and former MD of Biman Bangladesh Airlines. E-mail : mmfedamm@gmail.com