The use of a search committee to form an Election Commission (EC) is not unique to Bangladesh.
India, Bhutan, Nepal, and Pakistan all form Election Commissions through constitutional councils or committees, although there are some differences in the structure and way the council operates in each of the countries.
Nepal
According to the website of the Nepal Election Commission, the Nepalese constitutional council includes the prime minister, the leader of the opposition and representatives of various political parties.
The members of the committee nominate the candidates and the president selects the chief election commissioner (CEC) and election commissioners from amongst them.
However, unlike Bangladesh, the Nepalese EC is not always entirely reconstituted at the end of its tenure. In order to maintain continuity, the senior election commissioners of an outgoing EC are automatically shortlisted as candidates for the position of CEC of the next commission.
Bhutan
In Bhutan, a constitutional council chaired by the chairman of the National Council (the upper house of parliament) is responsible for all appointments to constitutional positions, including the Election Commission. Members of the council include the prime minister, the chief justice, the speaker of the lower house and the leader of the opposition.
The council collects the names of eligible candidates for the EC, reviews them, and then sends a shortlist to the King of Bhutan, who selects the CEC and election commissioners from among them.
Towards the end of an EC’s tenure, the council reconvenes to nominate candidates for the new EC.
Pakistan
According to the EC law in Pakistan, a 12-member parliamentary committee is responsible for appointing a five-member election commission. Half of the members of the committee are from the ruling party, while the other half are members of the opposition.
The prime minister holds dialogues with the leader of the opposition to create an initial list of candidates for the EC. Names agreed on by both are sent to the parliamentary committee to be finalized.
In case of a disagreement between the prime minister and the leader of the opposition, the names from both are sent to the committee for a decision. The decision of the committee is considered final.
Once the full list is finalized, the committee forwards it to the president to make the appointments.
India
Article 324 of the Constitution of India grants the president the power to appoint an Election Commission as per his discretion. The number of members of the committee and the length of their tenure is not specified, although the president is beholden to any law on the Election Commission enacted by parliament.
However, the Election Commission (Conditions of service of election commissioners and transaction of business) Act 1991 limits the tenure of the CEC and election commissioners to six years or until the age of 65, whichever comes first.
The CEC may only be dismissed from the post by the president on the same grounds as a judge of the Supreme Court. Other election commissioners may be dismissed if the CEC recommends as such to the president.
The names of candidates for the EC are sent to the president by the prime minister and a council of ministers.
Bangladesh
According to the EC law bill 2022, a six-member search committee headed by a judge of the Supreme Court Appellate Division will send a list of EC candidates to the president. The committee will include a High Court Division judge, the comptroller and auditor general, the chairman of Bangladesh Public Service Commission, and two other persons nominated by the president.
A provision in the bill allows the search committee to ask for names from political parties, but political parties are not directly involved in the EC formation process.
In the previous two elections in the country, political parties recommended candidates for the president to form a search committee. The search committee made a shortlist of candidates for the EC and sent it to the president, who then appointed the CEC and election commissioners from among them.
