The Bangladesh Nationalist Party (BNP) has warned the government and the Election Commission about holding an early election. On April 2, BNP Secretary-General Mirza Fakhrul Islam Alamgir told a street sit-in program that the government was planning to deceive the people by holding an early election.
The Election Commission has also conceded to the BNP's demand to scrap the use of electronic voting machines (EVMs) during the next general election. Despite this concession, the BNP is now demanding the removal of the head of government.
BNP MPs have resigned from parliament. The party is no longer represented in parliament. It continues to be a registered political party, but its top leadership are convicts in the eyes of the law and cannot contest elections.
The BNP is reportedly lobbying diplomats for the reinstatement of the caretaker government. The government remains steadfast in its position that any solution has to be found within the constitutional framework.
Pro-BNP commentators say the government can amend the constitution within minutes if it wants to. Such a brazen and arbitrary approach should be shunned.
The BNP is contradicting itself. On one hand, it wants a caretaker government. But its absence in parliament and its opposition to the Bangladeshi state prevents it from realizing the demand for constitutional amendments. The BNP is even opposing the constitutional prerogative of an early election.
According to Article 123 (3) of the constitution, a general election has to be held either within 90 days before the expiry of the current parliament or within 90 days of the dissolution of parliament. The president has the power to dissolve parliament at any time on the advice of the government.
If the government were to dissolve parliament today, an election would have to be held within 90 days. One of the BNP's key demands has been to dissolve parliament during the polling period.
The BNP's opposition to early elections indicates that it is not ready to take on the mantle of governance; and that it opposes constitutional government. Its stubbornness to get rid of the top Zia leadership proves that the party is still a haven for corruption.
Recent statements from BNP leaders like Mirza Abbas should give us more cause for concern. Abbas compared Tarique Rahman to Ayotallah Khomeini, the leader of the Iranian revolution. Why does the BNP want to go down the Iranian path?
Bangladesh already has legal provisions for Muslim Personal Law and the recognition of Islam as the prevailing religion of the majority. The judiciary of Bangladesh is competent to interpret religious doctrines when necessary.
If the BNP chooses to usher in a more hardline interpretation of Islam, it would be an existential threat to the Bangladeshi state.
Despite the challenges to human rights and democratic governance, and the rise of global rightwing populism, the Awami League has a rare and historic moment to turn the tide by shifting gears towards more responsible leadership. We have a unique opportunity to stem the Zia juggernaut.
During the 2018 election, the BNP was not sincere towards its coalition partners. Seat sharing and nominations favoured the Jamaat. The Awami League must reach out to the wider political fraternity. A solution can be found within the constitutional framework to ensure free and fair elections.
The government can sign a legally binding umbrella political agreement with responsible political parties, bringing together the Awami League and other registered political parties, including components of the BNP-led coalition.
The agreement can be akin to the Chittagong Hill Tracts Peace Accord, an achievement which Prime Minister Sheikh Hasina is often proud of. If the government signed the agreement, it would be possible to subject the agreement to judicial review under Article 102 of the constitution.
Having an unelected caretaker government is not a paramount necessity. The government can sign an agreement with all major political parties to set up a committee headed by the Chief Justice or any judge of the Supreme Court to perform the functions of the Council of Advisers of the now defunct caretaker government system.
The committee can be empowered with ministerial responsibilities and can include representatives of both the government and civil society.
It is possible to find solutions within the constitutional framework. The problem is that the BNP is not interested in finding a solution because it does not care about the best interests of the country.
Umran Chowdhury works in the legal field.
