It’s absurd, says law minister on BNP claim

Law Minister Anisul Huq yesterday trashed the BNP's claim that the 15th amendment to the constitution was unlawful and, therefore, the provision of the election-time caretaker government is still in place.

He emphasised that the constitution does not include any provision for a caretaker government, and as such, it is illegal. He further asserted that the next parliamentary elections will be conducted in accordance with the provisions outlined in the constitution.
Other leaders at the policymaking level in the ruling Awami League echoed the minister, saying the Awami League will not budge from the constitution.

Their responses came against the backdrop of the BNP's claim at a seminar yesterday at a Gulshan hotel. The BNP demanded that the next national elections be held under a caretaker government.

But the law minister, speaking to The Business Standard over the phone last evening, reiterated that the upcoming elections will be conducted in accordance with the constitution, thus adhering to the prescribed timeline.

He categorically stated that any measures not specified in the constitution would not be there and that there is no provision for a caretaker government, rendering the matter invalid.

Minister Anisul Huq also mentioned that the Appellate Division's summary judgement of 2011, which recommended holding national elections for at least two terms under caretaker governments, was not included in the subsequent full judgement.

The BNP argued that the omission of the directive – which the court made in the judgement announced in public – from the full judgement was unconstitutional.

The law minister dismissed the BNP's arguments that the government violated Article 142 of the constitution by passing this amendment without holding a referendum and about one-third of the constitution was made non-amendable by the 15th amendment, terming them "absurd" and "illogical", asserting that they are unconstitutional.

Meanwhile, at a press conference yesterday, Prime Minister Sheikh Hasina also reaffirmed that the upcoming national election will be held on time and in accordance with the constitution. She emphasised that there is no possibility of transferring power to an unelected government, questioning the BNP's motive for attempting to create a constitutional crisis.

Matiya Chowdhury, a presidium member of the Awami League, also said the election will be held within the constitutional framework and that any claims beyond that framework will be deemed invalid.