Hostname: page-component-cd9895bd7-jn8rn Total loading time: 0 Render date: 2024-12-28T16:24:33.487Z Has data issue: false hasContentIssue false
  • English
  • Français

Revisiting the Role of the President during Caretaker Government in Ensuring Credible Free Elections in Bangladesh

Published online by Cambridge University Press:  16 April 2015

Masudul Haque
Masudul Haque*
Affiliation:
University of Western Sydney
Get access Rights & Permissions [Opens in a new window]

Abstract

The holding of free, fair, and credible elections in Bangladesh remains a big challenge. In an effort to ensure credible, free and fair elections, the Constitution was amended, known as the Constitution (Thirteenth Amendment) Act 1996. This provided some extraordinary powers to the titular President without mechanisms of proper accountability. This paper critically analyses the provisions of this amendment, particularly the role of the President. We argue that this innovation in holding election is itself unconstitutional. In light of the experiences from the events leading to the declaration of emergency, the role of the President during the caretaker mode needs to be re-examined. It argues that formal provisions of the constitution through important but successful enforcement of constitutional provisions, including holding free and fair elections, largely depends on political culture and the willingness of the political parties, including civil society, to abide by those formal provisions along with their spirit.

Keywords

electionBangladeshconstitutionlegal systempresident
Type
Research Article
Information
Asian Journal of Comparative Law , Volume 6 , 2011 , pp. 1 - 28
Copyright
Copyright © Faculty of Law, National University of Singapore 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Banglabarta, 14 June 1996Google Scholar
Bangladesh Observer, 23 June 2001Google Scholar
Bhorer Kagoj, 16 June 1997Google Scholar
Dhaka Courier, 28 April 1995, 9 June 1995Google Scholar
Hamoodur Rahman Commission Report (1974)Google Scholar
Haque, A.K.M.M. (2007), ‘Free and Fair Elections in Bangladesh and the Illusion of a Neutral Caretaker Government’, Australasian Law Teachers Association 62nd Annual Conference—Published Conference PapersGoogle Scholar
Islam, M.R. (1996), ‘Free and Fair General Elections in Bangladesh under the Thirteenth Amendment: A Political-Legal Post-Mortem’, Politics, Administration and Change, No 26 (July-December, 1996)Google Scholar
Jai Jai Din, 31 May 1994, 1 December 1994,Google Scholar
Janakantha, 7 April 1996Google Scholar
Kumar, A. (2006), ‘Biased Caretaker Government Brings Bangladesh on the Verge of Constitutional Crisis’, South Asia Analysis Group, Paper no. 2063.Google Scholar
Rahman, M.K. (1996), ‘How Army Law was Violated on May 18-20’, The Daily Star, 26 May 1996Google Scholar
Rashid, M.H. (1995), ‘Politics of Annihilation’, Dhaka Courier, 28 April 1995Google Scholar
Rummel, R.J. (1998), Statistics of Democide: Genocide and Mass Murder Since 1900Google Scholar
Sangbad, 1 June 1996Google Scholar
Sarkar, A., ‘Caretaker system declared illegal: Politics of fair polls and rigged polls’, The Daily Star (Dhaka), 11 May 2011Google Scholar
Sobhan, R. (1993), Bangladesh Problems of Governance, Dhaka: University Press LtdGoogle Scholar
Subhan, K.M. (1995), ‘Challenge for Election Commission’, Dhaka Courier, 9 June 1995Google Scholar
The Daily Star, 22 May 1996, 26 May 1996, 16 October 2006, 20 October 2006, 11 May 2011Google Scholar
The Hindu (Dhaka), 30 June 2011Google Scholar
Time International, 3 June 1996Google Scholar
Totten, S., Parsons, W.S., Charny, I.W. (2004), Century of Genocide: Critical Essays and Eyewitness AccountsGoogle Scholar
Tushar, H.J. (2006), ‘Opposition targets Hasan takeover: Launches tough agitation from today amid govt's foot-dragging on electoral reforms’, The Daily Star (Dhaka), 20 October 2006Google Scholar
United Nations (1992), Basic Facts About the United NationsGoogle Scholar
Anwar Hossain Chowdhury and Others v Bangladesh (1989) 41 DLR (AD)Google Scholar
Hamidul Huq Chowdhury v Bangladesh (1981) 33 DLR (Dhaka Law Reports) 9Google Scholar
Khondokar Delwar Hossain, Secretary B.N.P and others v Bangladesh Italian Marble Works Ltd and Others, (2010) ADC, vol.VI(B).Google Scholar