Will BNP’s quitting JS help it?

To press home their 10-point charter of demands, all seven BNP lawmakers on Sunday formally handed in their resignation letters to the speaker – repeating an incident of 1994 when a record 147 opposition parliamentarians quitted for poll-time caretaker government.

After Sunday's resignation, Jatiya Sangsad Speaker Shirin Sharmin Chaudhury said a notification will be issued announcing those seats vacant and by-polls will take place within 90 days of it.  

But the resignation, unlike the 1994 record quitting, may not mount pressure on the ruling Awami League now as it did three decades ago – mainly because of the number of lawmakers resigned.

Election Commissioner Md Alamgir on Sunday said by-polls to the vacant seats will be held within 90 days.

In a separate development on Sunday, Awami League General Secretary and Road, Transport and Bridges Minister Obaidul Quader said that the resignation of the BNP lawmakers is "nothing but just a drop in the ocean".

But the 1994 parliament quitting, coupled with strong political agitations, forced the then BNP government to go for a fresh election by dissolving the parliament a few months before expiry of its tenure. The BNP had to adopt the caretaker government in the constitution eventually as the nationwide agitation intensified.      

The next national election will be held by the Election Commission early-2024 while the Awami League will be in office, as the caretaker government system was abolished from the constitution in 2011.

The BNP has been demanding for the reinstatement of the system since 2011. As the demand remained unheeded, the party boycotted the 2014 polls – resulting in 153 of the total 300 seats being uncontested and the incumbent Awami League-led alliance winning a landslide majority.

The BNP, however, participated in the 2018 election, but faced a humiliating defeat for which the opposition blames voting frauds and other irregularities.

Now the party is back on the streets again with the same demand, which has set the ruling and the opposition at odds.

After submitting the resignation, BNP lawmaker Rumeen Farhana said the move is a protest to the "extreme authoritarianism" of the ruling Awami League. She accused the government of "suppressing political opposition", "denying freedom of expression" and "violating voter rights".

Civil society members termed the move symbolic. They said as the tension is edging up between the parties, the political equation no longer remains a simple one.

"Constitutional amendments are required to settle the two demands by the BNP. But anything is possible if there is a political consensus," said eminent jurist Shahdeen Malik.   

He referred to three-party alliances – by the Awami League, the BNP and leftist wings – who stood together for a congenial election environment and nominated Chief Justice Shahabuddin Ahmed as the chief adviser of a caretaker government in 1990. 

The chief adviser would enjoy the same power as the regular prime minister. The main objective of the caretaker government was to create a level playing field for all parties so that the election could be held in a free and fair manner without any political influence by the outgoing government. 

The Shahabuddin Ahmed-led caretaker government was legalised by the 11th amendment to the constitution. 

Although the first caretaker government was intended to help the transition from authoritarianism to democracy, this system was adopted as part of the constitution by the BNP in 1996 following the record resignation by lawmakers and political pressure by the opposition.

Since 1996, caretaker governments have managed national elections and transitions in 1996, 2001 and 2008. 

Before abolishment in 2011, the caretaker admins were responsible for providing the Election Commission with all-out support to hold an election within 90 days of the expiry of the outgoing government and hand over power to the duly elected political party in 120 days.

Nobody kept their words 

The BNP in its demand five called for repealing all repressive laws including the Digital Security Act-2018 and the Special Powers Act-1974.  

The Special Powers Act enables the authorities to arrest and detain anyone on apprehension of the mind that he may commit a "prejudicial act".

Rights activists and political critics have been lambasting governments for using the law as a weapon to crash down the opposition and throttle personal liberty guaranteed by the Constitution. 

When in power, President Ershad signed an ordinance to repeal the Act but as it was not gazetted it had no validity. 

Then BNP came in power in 1991 and it forgot the pre-election commitment in regard to the repeal of the Act which is full of sinister looking features.

After that, the Awami League government gave an avowed commitment to repeal the Act, but after coming to power in 1996 it changed its tone quite in the opposite direction. 

The promise to cancel the act remained out of the menu and almost forgotten by the two major political parties later, until the BNP put it forward on Saturday.