Caretaker government and proposed national security council
Tuesday, 17 May 2011
Dr Mustafizur Rahman
Non-party Caretaker Government CG system was born out of mistrust among political parties. It is not welcomed by the party in power. They argue against conduct of election by a non-elected ad hoc body. The prolonged CG backed by army at the end of the 8th parliament is also a point for such argument. As distrust is not diminished, rather aggravated, non-ruling party and the general people do not seem to be convinced that an election under the government in power will be immediately fair even if the Election Commission is strengthened. The Caretaker Government may be given an institutional shape coupled with a national security council which itself may be a vital institution for the nation to avert crisis. National Security Council or Advisory Council on National Security may be composed of the President as Chairman, and the Prime Minister as the Vice-chairman, Secretary General (to be selected or elected by and from amongst all other non-ex-officio members), 3 nominees (one each of the Chiefs of the Army, Navy, and the Air Force), Chief of Intelligence (ex-officio), Minister of Foreign Affairs (ex-officio), Minister of Planning (ex-officio), Minister of Finance (ex-officio), and Minister of Defense (ex-officio). There may also be members from multi-disciplinary and scholarly experts MSE of the country. Suggested areas may be: MSE (development strategy, technology, R&D, industry, infrastructure, economy, economic and social development, education, etc.), MSE (natural resource, minerals, energy, international trade, fiscal and monetary system, inward and outward FDI), MSE (abstruse principles of society, public administration, management, transport, infrastructure, construction, city and urban planning, etc.), MSE (information, media affairs, legal matters, social justice), 2 MSEs (who can contribute to any aspect of national security) nominated by members of ruling party MPs (If there is no such nominee, the president shall appoint one of his choice.), 2 MSEs (who can contribute to any aspect of national security) nominated by members of opposition in the parliament (If there is no such nominee, the president shall appoint one of his choice). The members shall be appointed by the president and approved by the Parliament. In case the Parliament rejects any member, the president may send the list or another list which will automatically be approved within seven days. National Security Council (NSC) meetings shall be attended by concerned ministers, three service chiefs, heads of intelligence service, the Attorney General, the Comptroller and Accountant General and other persons or officials when so needed or invited. Individuals appointed by the President to the Advisory Council shall be selected for their patriotism, expertise and experience on such diverse matters as intelligence, law, economic and technology-based industrial development policy, human rights and civil liberties, emergency planning and management, public health emergencies, public safety, transportation security, border security and international security, international relations and or any aspect of national security. The members of the National Security Council other than the Prime Minister, Ministers and ex-officio members shall be persons who at the time of appointment: (a) are qualified for election as a member of Parliament; (b) are not members of any political party or of any organization associated with or affiliated to any political party; (c) are not, and have agreed in writing not to be, candidates for the ensuing election of members of Parliament; (d) have not acquired any foreign citizenship or divested his own; (e) have not been in any public service within last three years; and (f) are not over seventy five years of age. Any member of the National Security Council shall vacate his seat if, (a) he resigns his position by writing under his hand addressed to the Chairman and handed over to the Secretary General, and in his absence, to the Chairman; (b) his nomination is withdrawn by the authority nominated him, with three month's advance notice and nominated another person in his place; (c) his term of three years' service expires; and (d) looses his qualification as a member, or is not available for physical reason. The term of office of a member of the Council is four years, but one member can serve a maximum of two terms if so appointed. The function of the Council may be conducted when no less than two-thirds of the total members are present in any particular meeting. The President shall take necessary steps to fill in any permanent vacancy arising in the Council, within not more than fifteen days of occurrence of such vacancy, unless the Parliament (Jatiya Sangshad) is already dissolved. The National Security Council may advise the President on any matters of national importance and the President may seek its advice on any matter. The President on his own, or on the request of at least three other members, may advise the Secretary General to serve notice of any regular or special meeting of the Council. The meeting or its subject of discussion may either be confidential or public as may be decided by the President in each case, but all orders issued by it must be made public. The National Security Council, in consultation with the President, by its order may appoint any reasonable number of advisors, consultants, permanent or ad hoc committees of members selected mainly from persons qualified to be its members to offer it expert advice on important national issues. The state shall bear their expenses. The President shall fix the remuneration, privilege and other entitlements of the members of the National Security Council and the committees or the advisors appointed by it, provided that the remuneration and privilege of any member of the National Security Council shall not be less than that of a Minister, and the remuneration of any council adviser or Consultant or Committee members, not less than any Deputy Minister or as may be decided at the time of appointment. The main duty of the National Security Council shall be to find ways and means to manage to avert national crisis arising out of collapse in law and order, non-cooperation, emergency or danger to national economy, social life or national security, and advise the president to take measures to advise the Prime Minister to take proper action or correct any violation of law or the constitution if so happened. If the Prime Minister does not take actions, the president shall issue order to arrange a referendum on the issue which shall be binding on the Prime Minister and the Election Commissioner. It shall not arbitrarily interfere with any activity of the state except as provided for in this Constitution or in any law. The President may however request and authorise the Council to carry out some specific executive function whenever he feels it necessary under the terms decided by him, subject to provisions of this constitution or of law. Non-party Care-taker Government: Immediately after dissolution of the Parliament, the President shall appoint the Secretary General of National Security Council, if he is not available, any other qualified member of the National Security Council, as the Chief Adviser (CA) and other members of the Council as advisers to the Non-party Care-taker Government, all of whom shall concurrently hold their respective position in the National Security Council. The President shall also appoint not more than seven other advisers to the Non-Party Care-taker Government from amongst persons qualified to be members of the National Security Council, on the advice of the Chief Adviser. The Chief Adviser or an Adviser may resign his office by writing under his hand addressed to the President The CA or an Adviser shall cease to be CA or Adviser if he is disqualified to be appointed as such under this article. The CA shall have the status, and shall be entitled to the remuneration and privileges, of a Prime Minister, and an Adviser shall have the status, and shall be entitled to the remuneration and privileges of a minister. The Non-Party CG shall stand dissolved on the date on which the Prime Minister enters upon his office after the constitution of new Parliament The Non-Party CG shall discharge its function as an interim government and shall carry on the routine functions of such governments with the aid and the assistance of persons in the services of the Republic; and, except in the case of necessity for the discharge of such functions it shall not make any policy decision. The Non-Party Care-taker Government shall give the Election Commission all possible aid and assistance that may be required for holding the general election of members of Parliament peacefully, fairly and impartially. Not withstanding anything contained in articles 48(3) of the Constitution, during the period the Non-Party Care-taker Government is functioning; provisions in the Constitution requiring the President to act on the advice of the Prime Minister shall be ineffective. The writer is the Chairman of the Institute of Development Strategy, and can be reached at E-mail: idsrahman@msn.com .The views expressed here are of the writer's own, and not necessarily of the organisation he represents.
Non-party Caretaker Government CG system was born out of mistrust among political parties. It is not welcomed by the party in power. They argue against conduct of election by a non-elected ad hoc body. The prolonged CG backed by army at the end of the 8th parliament is also a point for such argument. As distrust is not diminished, rather aggravated, non-ruling party and the general people do not seem to be convinced that an election under the government in power will be immediately fair even if the Election Commission is strengthened. The Caretaker Government may be given an institutional shape coupled with a national security council which itself may be a vital institution for the nation to avert crisis. National Security Council or Advisory Council on National Security may be composed of the President as Chairman, and the Prime Minister as the Vice-chairman, Secretary General (to be selected or elected by and from amongst all other non-ex-officio members), 3 nominees (one each of the Chiefs of the Army, Navy, and the Air Force), Chief of Intelligence (ex-officio), Minister of Foreign Affairs (ex-officio), Minister of Planning (ex-officio), Minister of Finance (ex-officio), and Minister of Defense (ex-officio). There may also be members from multi-disciplinary and scholarly experts MSE of the country. Suggested areas may be: MSE (development strategy, technology, R&D, industry, infrastructure, economy, economic and social development, education, etc.), MSE (natural resource, minerals, energy, international trade, fiscal and monetary system, inward and outward FDI), MSE (abstruse principles of society, public administration, management, transport, infrastructure, construction, city and urban planning, etc.), MSE (information, media affairs, legal matters, social justice), 2 MSEs (who can contribute to any aspect of national security) nominated by members of ruling party MPs (If there is no such nominee, the president shall appoint one of his choice.), 2 MSEs (who can contribute to any aspect of national security) nominated by members of opposition in the parliament (If there is no such nominee, the president shall appoint one of his choice). The members shall be appointed by the president and approved by the Parliament. In case the Parliament rejects any member, the president may send the list or another list which will automatically be approved within seven days. National Security Council (NSC) meetings shall be attended by concerned ministers, three service chiefs, heads of intelligence service, the Attorney General, the Comptroller and Accountant General and other persons or officials when so needed or invited. Individuals appointed by the President to the Advisory Council shall be selected for their patriotism, expertise and experience on such diverse matters as intelligence, law, economic and technology-based industrial development policy, human rights and civil liberties, emergency planning and management, public health emergencies, public safety, transportation security, border security and international security, international relations and or any aspect of national security. The members of the National Security Council other than the Prime Minister, Ministers and ex-officio members shall be persons who at the time of appointment: (a) are qualified for election as a member of Parliament; (b) are not members of any political party or of any organization associated with or affiliated to any political party; (c) are not, and have agreed in writing not to be, candidates for the ensuing election of members of Parliament; (d) have not acquired any foreign citizenship or divested his own; (e) have not been in any public service within last three years; and (f) are not over seventy five years of age. Any member of the National Security Council shall vacate his seat if, (a) he resigns his position by writing under his hand addressed to the Chairman and handed over to the Secretary General, and in his absence, to the Chairman; (b) his nomination is withdrawn by the authority nominated him, with three month's advance notice and nominated another person in his place; (c) his term of three years' service expires; and (d) looses his qualification as a member, or is not available for physical reason. The term of office of a member of the Council is four years, but one member can serve a maximum of two terms if so appointed. The function of the Council may be conducted when no less than two-thirds of the total members are present in any particular meeting. The President shall take necessary steps to fill in any permanent vacancy arising in the Council, within not more than fifteen days of occurrence of such vacancy, unless the Parliament (Jatiya Sangshad) is already dissolved. The National Security Council may advise the President on any matters of national importance and the President may seek its advice on any matter. The President on his own, or on the request of at least three other members, may advise the Secretary General to serve notice of any regular or special meeting of the Council. The meeting or its subject of discussion may either be confidential or public as may be decided by the President in each case, but all orders issued by it must be made public. The National Security Council, in consultation with the President, by its order may appoint any reasonable number of advisors, consultants, permanent or ad hoc committees of members selected mainly from persons qualified to be its members to offer it expert advice on important national issues. The state shall bear their expenses. The President shall fix the remuneration, privilege and other entitlements of the members of the National Security Council and the committees or the advisors appointed by it, provided that the remuneration and privilege of any member of the National Security Council shall not be less than that of a Minister, and the remuneration of any council adviser or Consultant or Committee members, not less than any Deputy Minister or as may be decided at the time of appointment. The main duty of the National Security Council shall be to find ways and means to manage to avert national crisis arising out of collapse in law and order, non-cooperation, emergency or danger to national economy, social life or national security, and advise the president to take measures to advise the Prime Minister to take proper action or correct any violation of law or the constitution if so happened. If the Prime Minister does not take actions, the president shall issue order to arrange a referendum on the issue which shall be binding on the Prime Minister and the Election Commissioner. It shall not arbitrarily interfere with any activity of the state except as provided for in this Constitution or in any law. The President may however request and authorise the Council to carry out some specific executive function whenever he feels it necessary under the terms decided by him, subject to provisions of this constitution or of law. Non-party Care-taker Government: Immediately after dissolution of the Parliament, the President shall appoint the Secretary General of National Security Council, if he is not available, any other qualified member of the National Security Council, as the Chief Adviser (CA) and other members of the Council as advisers to the Non-party Care-taker Government, all of whom shall concurrently hold their respective position in the National Security Council. The President shall also appoint not more than seven other advisers to the Non-Party Care-taker Government from amongst persons qualified to be members of the National Security Council, on the advice of the Chief Adviser. The Chief Adviser or an Adviser may resign his office by writing under his hand addressed to the President The CA or an Adviser shall cease to be CA or Adviser if he is disqualified to be appointed as such under this article. The CA shall have the status, and shall be entitled to the remuneration and privileges, of a Prime Minister, and an Adviser shall have the status, and shall be entitled to the remuneration and privileges of a minister. The Non-Party CG shall stand dissolved on the date on which the Prime Minister enters upon his office after the constitution of new Parliament The Non-Party CG shall discharge its function as an interim government and shall carry on the routine functions of such governments with the aid and the assistance of persons in the services of the Republic; and, except in the case of necessity for the discharge of such functions it shall not make any policy decision. The Non-Party Care-taker Government shall give the Election Commission all possible aid and assistance that may be required for holding the general election of members of Parliament peacefully, fairly and impartially. Not withstanding anything contained in articles 48(3) of the Constitution, during the period the Non-Party Care-taker Government is functioning; provisions in the Constitution requiring the President to act on the advice of the Prime Minister shall be ineffective. The writer is the Chairman of the Institute of Development Strategy, and can be reached at E-mail: idsrahman@msn.com .The views expressed here are of the writer's own, and not necessarily of the organisation he represents.