Bill to introduce new EC law to be tabled in parliament Sunday
The next commission will come into existence under the new law, says the govt
File photo of a session underway in Bangladesh Parliament PID
Tribune Desk
Publish : 22 Jan 2022, 01:44 PMUpdate : 22 Jan 2022, 06:01 PM
The bill of a new law for the formation of the Election Commission is likely to be tabled in parliament on Sunday.
Law Minister Anisul Huq is set to place the “Chief Election Commissioner and Election Commissioners Appointment Bill 2022”, according to the day’s agenda.
The bill will be then forwarded to the parliamentary standing committee on the Ministry of Law, Justice and Parliamentary Affairs.
Citing sources, online newspaper Bangla Tribune reported that the committee will be asked to submit its report as soon as possible.
Usually a bill is run through the parliamentary standing committees for scrutiny, and it is passed after the committee sends it back.
The new Election Commission will come into existence under the new law, Minister Anisul Huq told the media last week.
The KM Nurul Huda-led commission ends its term on February 14.
The president had called meetings with the political parties to discuss the formation of the next commission.
Most of the political parties have spoken in favour of introducing a new during their talks at the Bangabhaban.
The talks ended through his dialogue with the Awami League on January 17. Earlier the same day, the cabinet gave its greenlight to the draft of the proposed law, which included provision regarding a search panel for appointments of commissioners.
The draft law also stipulates the criteria for an individual to be appointed as an election commissioner.
Qualifications
They must be Bangladeshi nationals, at least 50 years old and must have worked in a government, semi-government, or private sector position or in the judiciary for at least 20 years.
Individuals declared insane or bankrupt by the court, sentenced to two years in jail for moral turpitude and convicted by the International Crimes Tribunal will not be eligible for appointment as commissioners.
Ineligibilities
A person who once held the post of CEC or the chief justice, he or she would not be eligible for the post of CEC.
However, if a person held the post of election commissioner, he or she might be considered for appointment to the CEC.
In order to give legal protection to the constitution of previous Election Commissions, it would be considered that these were made under this law.
A justice of the Appellate Division, nominated by the chief justice will be the head of the six-member search committee.
The five other members will be a justice of the High Court Division nominated by the chief justice, the comptroller and Auditor General, the chairman of the Bangladesh Public Service Commission, and two other personalities nominated by the president.
Though the Constitution suggests the appointment of the CEC and other election commissioners under a law, the law was not formulated in the past.
The Article 118 (1) of the Constitution states: “There shall be an Election Commission for Bangladesh consisting of 1 [the chief election commissioner and not more than four election commissioners] and the appointment of the chief election commissioner and other election commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the president.”
What was done in the past
In the past, the President appointed the CEC and commissioners in absence of the law.
The last two Election Mommissions, headed by Kazi Rakibuddin Ahmed and KM Nurul Huda, were constituted through search committees formed by the president following his dialogues with political parties.
The president picked the CEC and four election commissioners in 2012 and 2017 from the names suggested by the search committee.
This time, President Abdul Hamid also started a dialogue with registered political parties on December 20 last to discuss the issues related to the constitution of the Election Commission ahead of the 12th general election to be held at the end of 2023 or early 2024.
According to Article 118 (1) of the Constitution, the Bill will be brought to give a legal shield to the appointments of the CEC and elections commissioners to form the EC.
According to sources at the parliament secretariat, the parliamentary watchdog on the law ministry will not be given much time for scrutiny of the Bill and to submit their report before the House as the proposed legislature is likely to be passed in the ongoing session of parliament and new election commissioners will be appointed in line with the new law.
The cabinet approved the draft of appointing CEC and other election commissioners on January 17—the day the ruling Awami League led by Prime Minister Sheikh Hasina held dialogue with President Abdul Hamid at the Bangabhaban on formation of the next EC.
Bill to introduce new EC law to be tabled in parliament Sunday
The next commission will come into existence under the new law, says the govt
The bill of a new law for the formation of the Election Commission is likely to be tabled in parliament on Sunday.
Law Minister Anisul Huq is set to place the “Chief Election Commissioner and Election Commissioners Appointment Bill 2022”, according to the day’s agenda.
The bill will be then forwarded to the parliamentary standing committee on the Ministry of Law, Justice and Parliamentary Affairs.
Citing sources, online newspaper Bangla Tribune reported that the committee will be asked to submit its report as soon as possible.
Usually a bill is run through the parliamentary standing committees for scrutiny, and it is passed after the committee sends it back.
The new Election Commission will come into existence under the new law, Minister Anisul Huq told the media last week.
The KM Nurul Huda-led commission ends its term on February 14.
The president had called meetings with the political parties to discuss the formation of the next commission.
Most of the political parties have spoken in favour of introducing a new during their talks at the Bangabhaban.
The talks ended through his dialogue with the Awami League on January 17. Earlier the same day, the cabinet gave its greenlight to the draft of the proposed law, which included provision regarding a search panel for appointments of commissioners.
Also Read - Cabinet clears draft law for formation of Election Commission
The draft law also stipulates the criteria for an individual to be appointed as an election commissioner.
Qualifications
They must be Bangladeshi nationals, at least 50 years old and must have worked in a government, semi-government, or private sector position or in the judiciary for at least 20 years.
Individuals declared insane or bankrupt by the court, sentenced to two years in jail for moral turpitude and convicted by the International Crimes Tribunal will not be eligible for appointment as commissioners.
Ineligibilities
A person who once held the post of CEC or the chief justice, he or she would not be eligible for the post of CEC.
However, if a person held the post of election commissioner, he or she might be considered for appointment to the CEC.
In order to give legal protection to the constitution of previous Election Commissions, it would be considered that these were made under this law.
A justice of the Appellate Division, nominated by the chief justice will be the head of the six-member search committee.
The five other members will be a justice of the High Court Division nominated by the chief justice, the comptroller and Auditor General, the chairman of the Bangladesh Public Service Commission, and two other personalities nominated by the president.
Though the Constitution suggests the appointment of the CEC and other election commissioners under a law, the law was not formulated in the past.
The Article 118 (1) of the Constitution states: “There shall be an Election Commission for Bangladesh consisting of 1 [the chief election commissioner and not more than four election commissioners] and the appointment of the chief election commissioner and other election commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the president.”
What was done in the past
In the past, the President appointed the CEC and commissioners in absence of the law.
The last two Election Mommissions, headed by Kazi Rakibuddin Ahmed and KM Nurul Huda, were constituted through search committees formed by the president following his dialogues with political parties.
The president picked the CEC and four election commissioners in 2012 and 2017 from the names suggested by the search committee.
This time, President Abdul Hamid also started a dialogue with registered political parties on December 20 last to discuss the issues related to the constitution of the Election Commission ahead of the 12th general election to be held at the end of 2023 or early 2024.
According to Article 118 (1) of the Constitution, the Bill will be brought to give a legal shield to the appointments of the CEC and elections commissioners to form the EC.
According to sources at the parliament secretariat, the parliamentary watchdog on the law ministry will not be given much time for scrutiny of the Bill and to submit their report before the House as the proposed legislature is likely to be passed in the ongoing session of parliament and new election commissioners will be appointed in line with the new law.
The cabinet approved the draft of appointing CEC and other election commissioners on January 17—the day the ruling Awami League led by Prime Minister Sheikh Hasina held dialogue with President Abdul Hamid at the Bangabhaban on formation of the next EC.
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