Search body may seek names for ECs, CEC from parties

The Election Commission search committee may seek names for the election commissioners (ECs) and the chief election commissioners (CECs) from political parties and professional bodies, according to the draft EC bill placed in the Jatiya Sangsad on Sunday.

The bill basically proposes Election Commission formation with the key role of a search committee – as the president had formed the commission in 2012 and 2017.

The bill stipulates who will be in the six-member search committee and what would be the eligibility for the ECs and CEC.

Plus, the bill offers a legal shield to previous two Election Commissions formed after the president's dialogues with the political parties.

The bill titled "Appointment of the Chief Election Commissioner and Election Commissioners Bill-2022" subsequently was sent to the parliamentary standing committee on law ministry for scrutiny after being placed by Law Minister Anisul Haq.

About the purpose for enacting the law, the law minister said, "If the proposed bill becomes law, the appointment of chief election commissioner and election commissioners will be transparent and impartial, while democracy will be consolidated and institutionalised, hopefully upholding the public interest."

When the law minister asked Speaker Shirin Sharmin Chaudhury's permission to place the bill, BNP lawmaker Md Harunur Rashid opposed the draft law, calling it "questionable".

Harun commented the bill is not in line with the expectations of the people, political parties and civil society.

Another BNP lawmaker Rumeen Farhana said, "Against the current political situation in Bangladesh, it is more important to outline how the poll-time government would be for a fair and neutral election."

Formation and role of the search committee

As per the proposed bill, the president will form the six-member search committee headed by an appellate division judge. The chief justice will nominate the judge, plus another High Court judge as a member of the committee.

The remaining four members of the committee are – the comptroller and auditor general, the Public Service Commission chairman and two eminent citizens. The Cabinet Division will lend a hand to the committee in its office work.

With transparency and impartiality, the search committee will recommend names to the president for the appointments of the election commissioners and the chief election commissioner, according to the bill.

For the recommendation, the committee will consider the qualifications, disqualifications, experience, skills and reputation of the potential candidates.

It will recommend two names against each post of election commissioners and the chief election commissioner. The committee will submit the recommendation to the president within ten days of its formation.

Qualifications of ECs, CEC

The ECs and the CEC will have to have three qualifications. Those are – the candidates must be a Bangladeshi citizen, must be aged at least 50 and must have at least 20 years of working experience in any government, judicial, semi-government or private position.

As per the bill, the six disqualifications include at least two-year conviction in a criminal offence and taking citizenship to a foreign country, or affirming the allegiance to foreign nation.

What was done in the past

In the past, the president appointed the CEC and ECs in absence of the law.

The last two election commissions, headed by Kazi Rakibuddin Ahmed and KM Nurul Huda, were constituted through search committees formed by the president following his dialogues with political parties.

The president picked the CEC and four ECs in 2012 and 2017 from the names suggested by the search committee.

This time, President Abdul Hamid also started a dialogue with registered political parties on 20 December last year to discuss the issues related to the constitution of the Election Commission ahead of the 12th general election to be held at the end of 2023 or the early 2024.

According to the Constitution, the bill will be brought to give a legal shield to the appointments of the CEC and ECs to form the Election Commission.

The tenure of the incumbent KM Nurul Huda-led election commission will expire on 14 February.

The cabinet approved the draft of appointing CEC and other election commissioners on 17 January – the day the ruling Awami League led by Prime Minister Sheikh Hasina held dialogue with President Abdul Hamid at the Bangabhaban on next Election Commission formation.