Parties, Consensus Commission propose diverse approaches for caretaker govt CA 

Highlights:

• Commission proposes 13-member committee to select CA for bicameral parliament
• BNP suggests six methods to pick the chief adviser without judiciary involvement
• Jamaat offers three proposals, including a chief justice-led committee
• NCP suggests an 11-member all-party parliamentary committee to select the chief adviser
• Proposals for selection are similar to Pakistan's system for its caretaker PM
• An agreement on the chief adviser is anticipated within a week

Discussions are ongoing among various political parties and the National Consensus Commission about selecting the chief adviser for the election-time caretaker government. Different proposals have emerged, showing some similarities to Pakistan's system for appointing its caretaker prime minister.

On 10 June, the National Consensus Commission put forward two ideas about how the chief adviser would be chosen, how the caretaker government would be formed, and how it would work. These two were combined into a new proposal on 13 July, suggesting a 13-member "Selection Committee for the Chief Adviser of the Election-Time Caretaker Government." 

Earlier ideas included a seven-member committee and an eight-member committee with all political parties involved, using ranked choice voting.

Major political parties such as BNP, Jamaat, and NCP have also put forward their own distinct proposals. While some aspects resemble Pakistan's system, others differ. 

All agree that the judiciary and the president should be kept separate from the caretaker government formation. They also support having multiple options for appointing the chief adviser.

Professor Ali Riaz, vice president of the Consensus Commission, said at a Dhaka press conference today (15 July) that once the caretaker government system is reinstated in the constitution, any future changes will require a public referendum. 

He added that all parties agree on bringing back the caretaker system and hopes an agreement on the chief adviser will be reached within a week. He also mentioned that if constitutional articles related to the caretaker government need amendment, public opinion must be sought.

The commission's latest proposal

The proposal suggests that if parliament is bicameral, Article 58(b) will be amended to create a 13-member committee. This committee will include leaders from government and opposition in both houses, the speaker and deputy speaker, a member from the third-largest party, and one person chosen by the president.

If the chief adviser is not chosen within 48 hours, the government and opposition will each suggest five names, and the third-largest party four. After parliamentary hearings, candidates will be selected. If consensus fails, sequential voting will decide the adviser. If the chief adviser's position becomes vacant, the next person on the voting list will take over.
 
Comparison with Pakistan's system

In Pakistan, Article 224 states the caretaker prime minister is chosen through talks among the president, prime minister, and opposition leader. If no agreement occurs in three days, an eight-member committee with equal government and opposition members, led by the speaker, takes over. If this committee fails within three days, two names go to the Election Commission, which picks the caretaker prime minister in two days.

BNP's proposal

BNP proposes six ways to choose the chief adviser without judiciary involvement. Salauddin Ahmed, BNP Standing Committee member, said everyone agrees old rules gave too much power to the judiciary, and new methods are needed.

BNP wants the president to appoint a chief adviser after consulting all parliamentary parties at least 30 days before parliament dissolves. If unsuccessful, a meeting of the prime minister, opposition leader, speaker, and opposition deputy speaker would decide, led by the president or speaker, without the president voting. 

If still no agreement, the third-largest party joins discussions. If needed, representatives from parties with at least 5% parliamentary votes also participate. 

If all fail, BNP suggests reverting to the 13th amendment rules, where retired judges under 75 would be chosen by the prime minister, opposition leader, speaker, and opposition deputy speaker. If they still can't agree, the president may be involved. Another option is to appoint the head of a different institution, but not the president. 

Including the chief election commissioner, like in Pakistan, is also being considered.

Jamaat's three ideas

Jamaat proposes forming the caretaker government within 24 to 48 hours, either 15 or 30 days before parliament ends or if it is dissolved early. 

One proposal involves a committee made up of the chief justice, prime minister, and opposition leader, led by the chief justice. The ruling party, main opposition, and other opposition parties would nominate names, and the committee would select one for the president to appoint for 120 days. 

Another idea suggests creating a 10-member "Non-Partisan Caretaker Government Chief Adviser Selection Committee" supervised by the speaker and including various parliamentary leaders and opposition members. If no decision is reached within three days, parties would nominate candidates, and the committee would choose one for the president to appoint for 120 days. 

If no agreement is possible through these methods, Jamaat recommends reinstating the 13th amendment to form a non-political caretaker government, excluding the president from the process.

NCP's call for legislative appointment

NCP proposes an 11-member all-party committee formed at least three weeks before parliament dissolution. Members would be chosen based on parliamentary vote share, with a 5% minimum threshold.

The ruling party, main opposition, and others each suggest three non-political candidates. The parliamentary committee then finalises one chief adviser by an 8-3 vote.

If that fails, the upper house of parliament would choose a chief adviser using ranked-choice voting.