Reforms to restore voting rights

The chief advisor of the interim government had announced the formation of six reform commissions, one of which was the Electoral Reform Commission. On October 3, 2024, an eight-member commission was formed, led by Dr Badiul Alam Majumdar, with the goal of ensuring fair, impartial, and participatory elections to establish a representative democracy. The full report of the commission has already been published on the cabinet division's website. The chief advisor has emphasized the importance of reforms, stating that a key focus of these reforms is to establish a fair electoral system and good governance. The chief advisor has called on every citizen of the country to actively and joyfully engage in this great reform movement. He has also urged the public to come forward for the implementation of the commission's recommendations.

The Constitutional Reform Commission and the Electoral Reform Commission have made similar recommendations in several areas: a bicameral parliament, no one should be allowed to serve as prime minister more than twice, as in the case of Russia's Vladimir Putin, no one should be able to serve as both prime minister twice and then president for a third term, the deputy speaker of the National Parliament should come from the opposition party, no one should be allowed to hold the positions of prime minister, leader of parliament, and party leader simultaneously, and 100 out of the 400 seats in the lower house should be reserved for women, with candidates only being women, elected directly by the people. According to the Electoral Reform Commission’s proposal, the upper house will have 100 members, whereas the Constitutional Reform Commission has recommended 105 members. Both the Electoral Reform Commission and the Constitutional Reform Commission have recommended the formation of a permanent National Constitutional Council for appointments to various constitutional bodies. It would not be possible for the constitutional council to make unanimous decisions regarding appointments, as many of the major political parties in Bangladesh are run by family dynasties resembling a form of monarchy. The loyalty of the people to these dynasties is the primary source of their power. Many advisors in the current interim government are close associates of the chief advisor, and there were no clear criteria for assessing their qualifications.

The Electoral Reform Commission has proposed a new idea regarding the presidential election. According to their recommendation, the president should be an impartial, honest, competent, and reputable individual. Being impartial means that the person should not be a member of any political party. However, selecting an individual who fits this criterion could be difficult. Among various professions such as BCS officers, teachers, lawyers, journalists, doctors, bankers, law enforcement personnel, and engineers, political party loyalty has already taken root to a significant extent. This level of party loyalty is even absent among many political leaders and activists. The current civil society has also pledged its loyalty to various political parties. Khaleda Zia’s statement that “except for children and insane, there is no neutral person” holds true in the context of Bangladesh. Therefore, even if a non-partisan president is chosen, a truly impartial president will be hard to find, and even if one is found, they will not be allowed to become the president.

According to the commission's recommendations, the president will no longer be elected solely by members of parliament, but will also be elected by members of local government bodies. Ayub Khan, too, became the president of Pakistan by winning the votes of Union Parishad BD (Basic Democracy) members. By buying the votes of BD members, Ayub Khan defeated Fatima Jinnah, the sister of Pakistan’s founding father Muhammad Ali Jinnah, by a large margin. The people of East Pakistan supported Fatima Jinnah, but the elected members voted for Ayub Khan. If a similar situation arises in Bangladesh, presidential candidates may also engage in what the commission calls the "money game".

The commission has also recommended the reintroduction of the "no-vote" option, allowing voters to cast a "no vote" if they wish. The "no-vote" option was first introduced in the country by the Election Commission under the leadership of Dr ATM Shamsul Huda. However, in 2009, the Awami League government abolished the provision for the "no-vote." It is likely that the BNP also does not acknowledge the necessity of the "no-vote." From Ziaur Rahman’s "yes-no" vote experience, it seems that the "no vote" holds little importance in elections. This is because people will not go to the polling stations just to cast a "no vote." In the 1977 referendum, 98.9 per cent of votes were in favor of Ziaur Rahman, while only 1.1 per cent of the votes were "no".

The Electoral Reform Commission has recommended that local government elections for positions such as councilor, member, mayor, and chairman should be held without political party symbols. In 2015, the Awami League government introduced the rule to conduct local government elections with party symbols but later announced its intention to abolish this system. Decentralization of power is essential for local governments, and their importance cannot be overstated. In 1870, the British introduced the Chowkidari Act, and those born in the 1960s or earlier remember hearing the watchman’s "Hushiyar, Hushiyar" calls in the middle of the night. Back then, there were only Union Parishads, and their chairmen and members were prominent figures in society. Ziaur Rahman introduced the "Gram Sarkar" (village government), which did not last long. Later, upazilas, municipal corporations, and city corporations were established. These local governments are responsible for carrying out local development and service-related activities. However, when a representative is elected with a party nomination and party symbol, it becomes almost impossible to receive party-neutral services. This issue also applies to the prime minister, as she is not impartial. However, not every party-affiliated person is undesirable, but rather the biased actions of those in power in state activities are problematic. The people of Bangladesh are so politically attached that even if no party symbol is used, the support and promotion during elections still follow party lines. Therefore, despite reforms, social workers, philanthropists, and respected individuals who are loved by people regardless of political affiliation no longer run for local government elections.

The Electoral Reform Commission has also recommended the abolition of the EVM (Electronic Voting Machine) system and the introduction of a secure online voting system. However, the deadlock that has been created around EVMs could also emerge with the introduction of an online voting system. Although efforts may be made to overcome obstacles and launch the system, it seems unlikely that it will be completed in one government's term in the context of Bangladesh. If a different party comes to power in the next term, it is likely that all the projects from the previous government will be discarded, and new projects will be undertaken. The Commission's recommendation to abolish the EVM system was expected, as the Commission’s head had been vocal against it in the past. The long-standing debate on preserving the traditional practice of voting on printed ballot papers in political circles has been ongoing, but disregarding technology is not wise. The old method of printing and distributing millions of ballot papers will eventually cease, even if it is not stopped today. Therefore, it is imperative to make arrangements for the swift implementation of Electronic Voting Machines (EVMs) or an online voting system in elections.

In the current system, the Election Commission does not have its own fund or personnel to carry out the entire election process. Deputy Commissioners serve as Returning Officers in each district. The Electoral Reform Commission has recommended replacing DCs with Election Commission’s own personnel. For this, recruitment of staff will be necessary. However, it cannot be guaranteed that elections will be fair just by changing personnel. To ensure free and fair elections, people like India's Election Commissioner TN Seshan are needed. TN Seshan was very religious, yet to create a neutral working environment, he removed all idols and images of gods and goddesses from his office on the very first day; his predecessor, Perry Shastri, had kept images of several deities in the office. TN Seshan made it clear to the Indian government that he was not part of it. In 1993, he issued a directive stating that no elections would be held in the country unless the government recognized the powers of the Election Commission. Therefore, even if the laws and regulations related to elections are reformed on paper, it does not guarantee fair elections. To conduct fair elections, members of the Reform Commission must also be impartial. I hope to write more on this in the second part.

Zeauddin Ahmed: Former Executive Director, Bangladesh Bank.