Awami League gets no foe except BNP

The 12th National Parliament election is scheduled to be held on January 7, 2024. Awami League welcomed the announcement of election schedule while its arch-rival BNP rejected it. The United States had requested the Awami League, BNP and Jatiya Party to start unconditional talks before the polls. However, the proposal was binned by the Awami League as there was not enough time for discussion.

On the other hand, BNP never wanted to hold talks with the Awami League or the government. Not only that, BNP did not respond to the election commission's call. BNP did it right; Because the BNP considers the Awami League government and the current Election Commission illegal, meeting with the illegal government and the Election Commission would have caused the moral collapse of the party. BNP's only demand was the resignation of the 'illegitimate government' and elections arrangement under a caretaker government. None of BNP's demands are being met as far. After the caretaker government system was abolished by the Supreme Court in 2011, the Awami League amended the constitution and implemented the court order; But in the nineties Awami League was the main claimant of the caretaker government. Awami League is happy with the Supreme Court verdict as arranging polls holding power is another level of fun. BNP would have been happy with the Supreme Court verdict if it was in the power.

When in the chair, BNP was also happy when the High Court ruled the caretaker government system illegal in 1995. And that's why it did not place the bill in the Parliament regarding the introduction of the Caretaker Government System during the 1991-95 period. In this situation, Awami and Jamaat presented two bills related to caretaker government in Parliament in 1993. The BNP then declared the caretaker government system unconstitutional and impractical. Khaleda Zia kept saying that it is not possible for any human being to be neutral except for madmen and children. But now BNP is saying that they will not go to the elections without a caretaker government.

The BNP ended their five-year rule without forming a caretaker government and parliamentary elections were held in February 1996 without the participation of the opposition parties. Colonel Abdur Rashid, the murderer of Bangabandhu, became the deputy leader of the opposition in the parliament. However, Awami League held a similar election in 2014. In both these elections, many candidates were elected unopposed and became MPs. Even after the elections, the opposition parties continued to protest, and in the face of intense protests, the BNP was forced to add the caretaker government system to the constitution in 1996 through the Thirteenth Amendment. The caretaker government, which the BNP called unconstitutional during its 1991-95 tenure, was upheld by the Supreme Court in 2011 when it ruled that it was illegal and unconstitutional. Even though BNP has raised allegations of bias against the Awami League era judiciary, the party praised the Awami League era Chief Justice SK Sinha who ruled in favor of abolishing the caretaker government.

The Appellate Division of the Supreme Court declared the caretaker government system invalid and unconstitutional by a 4:3 vote, citing it as inconsistent with the basic spirit of the Constitution. Caretaker government system would not have been abolished had Justice SK Sinha not favored abolition. In this case, some jurists pointed out to the court that a major political party would not participate in elections if there was no caretaker government; In response, Justice SK Sinha said that the court cannot give a verdict based on the preferences of the political parties by giving any provision inconsistent with the basic structure of the constitution. He also said that something unconstitutional does not become constitutional only if political parties support it.

After coming to power in 2001, BNP increased the retirement age of judges, and it was confirmed that Justice KM Hasan, the brother of Bangabandhu's assassin Lt. Col. Syed Farooq Rahman, would be the chief advisor. In the face of intense agitation, when Justice KM Hasan, preferred by BNP, expressed his inability to take charge of the caretaker government, BNP immediately committed another misdeed. In the absence of Justice KM Hasan, according to the constitution, the President is supposed to invite the retired Chief Justice to take over and thus, if no one takes over among the four options, the President is supposed to take over as the head of the caretaker government in the last step; But after the incapacity of Justice KM Hasan was revealed, the then President Yazuddin Ahmed took charge as the head of the caretaker government without finding a chief advisor from the rest of the alternatives. Awami League and other opposition parties did not object, however four members resigned from the caretaker government's advisory council when all presidential activities were managed by the BNP. A new crisis begins.

Thus BNP has repeatedly put the caretaker government system under question. In a country like ours, just as the government cannot tolerate the opposition, the opposition cannot live without running rampage. Of course, no government gives importance to systematic politics; In order to attract national and international attention, therefore, arson, vandalism became essential. The government also wants some vandalism, so that it can harass the opposition men with cases. BNP is now lost in this trap. BNP claims that the current government must resign, otherwise there will be no escape route. If you resign or leave the country, how will the vacancy be filled? Will BNP take over?

BNP has not given any formula of election-time government till date. The unelected caretaker government struck down by the Supreme Court will never come back as what the Supreme Court has already struck down, has never come back and will never come back. If the BNP MPs did not resign, there was an opportunity to form a constitutional interim government with the elected MPs.

BNP seems totally dependent on America; We do not know what kind of assurances have been received from America. This year's election is likely to be fair due to pressure from America and Europe; But if the election is fair, Awami League will be in danger. As there is no rival party to Awami League except BNP, Awami League will get most of the seats in a fair election. Disappointed with the results of the election, the participating parties will unite and say that the election was not fair. There is no workaround for this problem. Some Awami League candidates must lose to prove that the election was fair. To make the election credible, HM Ershad ensured the defeat of his Prime Minister Ataur Rahman Khan's son, Jatiya Party nominee Barrister Ziaur Rahman Khan.

Awami League has to do another thing and that is to ensure mass voter participation. Therefore, it is not allowed to occupy the booth and seal the ballot paper and fill the box. Awami League will bring its own danger if it fails to prevent such misdeeds of enthusiastic workers. Awami League's monopoly victory in the past elections has made its workers lazy, they sit at home on polling days and spend the day comfortably watching TV and fiddling with mobile phones, not even feeling the slightest urge to go to the polling station; Because they believe Awami League will win. If the workers have such an idea, Awami League will win and lose, the election will be questionable, BNP will be able to draw the attention of the outside world, Peter Haas's run will increase, international pressure will become unbearable for Awami League, BNP will move with all its strength due to the benevolence of America. The development and progress of the country will be destroyed in the conflict.

Author: Former Executive Director, Bangladesh Bank and Former Managing Director, Takshal