The BNP’s proposal on the polls-time administration is not possible to execute without amending the constitution, constitution experts and legal professionals say.
They say Khaleda Zia’s proposal will not help to resolve the existing political deadlock.
The constitution does not allow any unelected person to head a government. Only 10% of unelected persons can be inducted as technocrat members.
“Khaleda Zia’s proposal has pushed the problem towards a deadlock instead of resolving the crisis,” Dr Shahdin Malik told the Dhaka Tribune.
He said people had some hope until Khaleda disclosed her party’s alternative proposal. “The politics now heads towards a labyrinth,” he said.
Dr Kamal Hossain, who headed the constitution framing committee after the country’s independence, however, told the Dhaka Tribune that the two political parties must reach a consensus on implementing Khaleda’s proposal.
“If they reach a consensus, then everything becomes a question of formality. But the constitution must be amended [before that],” he said.
Barrister Rafique-ul-Huq also welcomed the opposition leader’s proposal but said its execution was not possible without amending the constitution.
Clause 2 of article 56 of the constitution says the appointments of the prime minister and other ministers “shall be made by the President provided that not less than nine-tenths of their number shall be appointed from among members of Parliament and not more than one-tenth of their number may be chosen from among persons qualified for election as members of Parliament.”
Clause 3 says: “The President shall appoint as Prime Minister the member of Parliament who appears to him to command the support of the majority of the members of the Parliament.”
Clause 4 says: “If occasion arises for making appointment under clause 2 or clause 3 between a dissolution of Parliament and the next following general election of members of Parliament, the persons who were such members immediately before the dissolution shall be regarded for the purpose of this clause as continuing to be such members.”
Barrister Rafique said almost all the previous advisers had been available. “The political situation will worsen in case of failure of the political parties to reach a consensus on polls-time government,” he said.
Prof Asif Nazrul of Dhaka University considers Khaleda’s proposal to be “cumbersome” for finding a solution to the ongoing political crisis centring the next general elections.
“This is almost impossible to execute such a proposal without amending the constitution. If the government remains rigid on not amending the constitution, the two parties must ask 10 sitting MPs to resign, making way for election of 10 agreed persons through by-polls,” he told the Dhaka Tribune.
“But this is a time consuming and cumbersome way. We do not have enough time in hand,” he said.