The results of the twelfth parliamentary election in Bangladesh were officially announced. The ruling Awami League has been elected with the party winning a total of 222 seats among the 298 seats. Then, the independent candidates got the most seats. They won 62 seats -- the most significant number of independent candidates in the history of parliamentary elections in Bangladesh. Besides, the Jatiya Party won 11 seats, while the Workers Party, JSD, and Kalyan Party won one seat each.
The next largest party becomes the official opposition in a system where a majority is needed in the parliament to form a ruling government. Ideally, the opposition is the party or group with the greatest number of non-government members in the parliament.
While there is no example of establishing an official opposition comprised of independent parliament members, the recent election, with an unprecedented number of elected independent members, raised questions for many of us about the formation of the official opposition in Bangladesh's parliament.
In general, by definition, if an MP is not elected from a political party affiliation, they are known as an “independent.” However, in the recent election, most of the independent elected MPs were members of the Awami League but were not affiliated with or registered by the party in the election. So, categorically, they are independent.
Many law experts think that the constitution has no clear direction for forming the opposition party or the leader of the opposition in the parliament. However, the speaker can decide on this. Bangladesh Parliament Rules of Procedures ( January 11, 2007) state: "Leader of the opposition means that member of the parliament who, in the opinion of the speaker, is the leader in the house of the party, or of the group, as the case may be, in opposition to the government having the greatest numerical strength in the house.”
This clause notes that for becoming or selecting a major opposition in the parliament, the necessity of a political party is not mandatory, but the opposition should have the second most immense numerical strength in the house.
Many eminent lawyers and constitutional experts have provided their opinion on forming an opposition in parliament in this unusual circumstance, and we have now learned that an opposition comprised of independent MPs is legally “possible” with some conditions fulfilled.
For example, independent MPs need to form an alliance, front, or caucus to act collectively in parliament, and opposition leaders and whips are elected from the caucus. While most independent MPs are from indistinguishable political ideologies, a caucus with solid bonding can be made. However, other options are available, such as joining with MPs elected from party affiliation and creating an opposition party.
The formation of an independent group known as The Swatantra Party was founded by C Rajagopalachari in India and existed from 1959 to 1974. This right-wing party was formed to debate the Jawaharlal Nehru-dominated Indian National Congress's increasingly socialist and statist outlook. However, the recent Bangladeshi context differs significantly from Rajagopalachari’s Swatantra party.
Independent candidates are being elected increasingly in many countries. A distinguishing feature of independent members of parliament is that they do not need to abide by the fixed party bloc when voting in parliament and making decisions.
Independents hold major parties to account by debating in the house. They can genuinely represent their communities by representing the views and needs of their communities as they aren’t tied to a party's manifesto or priorities.
Moreover, independents can independently vote on bills and introduce bills in parliament that are important for their constituency and citizens. Suppose the newly elected independent MPs form a caucus to act like an opposition in the parliament in Bangladesh. In that case, the opportunity to serve the nation without any obligation will be enormous without any doubt.
Dr Ezaz Mamun is a freelance contributor from Australia.