Electoral reform: Future EC search committee may include ruling, opposition MPs

The Electoral Reform Commission plans to propose an amendment allowing the formation of an Election Commission (EC) search committee, which will include both ruling and opposition lawmakers, among others, to select future EC members.

As part of electoral overhauling efforts, the reform commission is drafting an amendment to the Chief Election Commissioner and Other Election Commissioners Appointment Act, 2022, to be submitted for government approval by this month, according to commission members.

Under the existing law, the search committee requests political party nominations for the posts of chief election commissioner and other commissioners, but mostly government officials are ultimately appointed, not lawmakers.

However, the proposed amendment aims to prevent any government official from being appointed as an EC member, according to the draft.

Criticising the existing law, Badiul Alam Majumder, head of the Electoral Reform Commission, told TBS that the law is flawed and lacks strength, calling it "unacceptable." 

Under this law, the search committee can choose whoever it wants for the EC, which should be formed based on political consensus, he said. 

"The search committee should include representatives from the ruling party, the main opposition party, the third-largest party in parliament, as well as media and civil society representatives to ensure transparency. Our proposal will incorporate these elements and enhance transparency," Alam said.

Under the existing law, the president forms a six-member search committee. However, the draft amendment proposes a nine-member committee.

Currently, the committee comprises a judge from the Appellate Division, nominated by the chief justice, who serves as chairman; a judge from the High Court Division; the auditor general and comptroller of Bangladesh; the chairman of the Bangladesh Public Service Commission; and two eminent citizens nominated by the president, one of whom must be a woman.

The draft states that the committee will include a retired Judge of the Appellate Division, nominated by the chief justice, who will serve as chairman; an MP nominated by the Parliament leader; an MP nominated by the opposition leader; an MP from the third-largest party in Parliament; the outgoing chief election commissioner; and four civil society representatives nominated by the first five members. At least one of these four must be a youth under 30.

Other proposed changes 

Under the existing law, the search committee determines its meeting procedures, with a quorum of at least three members. However, the draft stipulates that the chairman will call meetings, with a quorum of at least seven members.

To ensure transparency, the draft requires the committee to maintain complete records of all meeting minutes and decisions. Upon request, the committee must provide copies to any citizen.

The existing law mandates the search committee to submit its recommendations to the president within 15 days of its formation. The proposed act extends this timeframe to two months, allowing the committee to identify and propose qualified candidates for the EC.

The draft also introduces a provision where the committee, after reviewing the received names, will create a list of 10 candidates, including at least three women, based on interviews, and publish it in the media.

Additionally, the draft requires a report with the names of the shortlisted candidates and the rationale for their selection to be submitted to the president and published in the media.

It further stipulates that the president will form the Election Commission with at least one woman from the list and that each commissioner must publicly disclose their assets, both domestic and foreign.

The proposed amendment will also introduce changes to the disqualification criteria for election commissioners.

The draft amendment stipulates that candidates will be disqualified from inclusion in the list if they: are not living on lawful income; have defaulted on debt; are an active member of any political party or its affiliated organisations, or were a member within the past 10 years; have participated or expressed intent to participate in a parliamentary election under a political party's nomination; have been sentenced to at least two years in prison for any criminal offence; or have been convicted under the International Crimes (Tribunal) Act, 1973, or the Bangladesh Collaborators (Special Tribunal) Order, 1972.

Additionally, according to the draft, the Election Commission Secretariat will provide secretarial support to the search committee, whereas the Cabinet Division currently provides the necessary support under the existing law.

Another proposed change pertains to the power to develop laws and make rules.

Under the current law, the government, under the direction of the president, may make rules as needed to fulfil the objectives of the Act. However, the draft stipulates that it will be the Election Commission, not the government, that will make rules, if necessary.