Article 11 of Bangladesh Constitution states that “The Republic shall be a democracy…” Democracy invariably requires the consent of the people, obtained through elections. Thus, elections are very essential initial steps for democracy, although they are not the only steps. In fact, elections are necessary but not sufficient conditions for democracy.
Elections must be held at all administrative levels to ensure people’s rule in all spheres of the society. However, the mere holding of elections of the legislature and local government bodies is not enough for democracy to flourish and function effectively — elections must be free, fair and meaningful. Free and fair elections obviously require that citizens have unhindered rights, subject to law, and are free to choose other citizens to represent them and act in their interests. As Justice H.R. Khanna, in the famous Indira Nehru Gandhi vs. Raj Narayan case argued in the Indian context, the principle of free and fair election is an essential postulate of democracy which in turn is a part of the basic structure of the Constitution of India [AIR (1975) SC 2299]. Elections are meaningful only when they create opportunities for individuals who are honest, clean and dedicated — dedicated to people’s wellbeing. Such opportunities arise only when there are clear disclosure requirements by candidates, adequate scrutiny of the disclosed information and the empowerment of voters with the scrutinized information. The Indian Supreme Court, in PUCL and others vs. Government of India [(2003) 4 SCC] even went a step further and observed that elections are not even free and fair unless the antecedents of candidates are known and the voters have the opportunity to make meaningful choices in casting votes.
Elections must be held at all administrative levels to ensure people’s rule in all spheres of the society. However, the mere holding of elections of the legislature and local government bodies is not enough for democracy to flourish and function effectively — elections must be free, fair and meaningful. Free and fair elections obviously require that citizens have unhindered rights, subject to law, and are free to choose other citizens to represent them and act in their interests. As Justice H.R. Khanna, in the famous Indira Nehru Gandhi vs. Raj Narayan case argued in the Indian context, the principle of free and fair election is an essential postulate of democracy which in turn is a part of the basic structure of the Constitution of India [AIR (1975) SC 2299]. Elections are meaningful only when they create opportunities for individuals who are honest, clean and dedicated — dedicated to people’s wellbeing. Such opportunities arise only when there are clear disclosure requirements by candidates, adequate scrutiny of the disclosed information and the empowerment of voters with the scrutinized information. The Indian Supreme Court, in PUCL and others vs. Government of India [(2003) 4 SCC] even went a step further and observed that elections are not even free and fair unless the antecedents of candidates are known and the voters have the opportunity to make meaningful choices in casting votes.
But, which way are free, fair and meaningful elections? What conditions must be fulfilled for such elections? Do those conditions prevail in Bangladesh for the next Parliament elections?
The prerequisites for free, fair and meaningful elections are: (a) an appropriate legal framework, (b) an effective election authority, (c) neutrality of the government during elections, (d) cooperation of the political parties, and (e) activism of the civil society. The Parliament through its legislative action and the Judiciary though its interventions also play important roles for making, or not making, elections credible, peaceful and meaningful.Appropriate Legal Framework
The prerequisites for free, fair and meaningful elections are: (a) an appropriate legal framework, (b) an effective election authority, (c) neutrality of the government during elections, (d) cooperation of the political parties, and (e) activism of the civil society. The Parliament through its legislative action and the Judiciary though its interventions also play important roles for making, or not making, elections credible, peaceful and meaningful.Appropriate Legal Framework
Free, fair and meaningful elections require an appropriate set of electoral laws covering the entire process of election. The purpose of such a legal framework is to create an environment in which the electorate can choose their representatives by the exercise of their free will without any hindrance, pressure and undue influences from any quarter. The environment must also be conducive to making meaningful choices by the voters. The legal framework includes both constitutional provisions and statutory requirements.
Article 65 of Bangladesh Constitution requires the establishment of a Parliament and Article 66 lays down the qualifications and disqualifications of candidates running for Parliamentary elections. The Fifteenth Amendment of the Constitution, enacted in June 2011, provides for Parliamentary elections to be held under the government of the day — i.e., a party-based government – and during the 90 days prior to the expiry of the Parliament. In addition, it restrains the authority of the Judiciary to intervene in Parliamentary elections after the election schedule is declared by the Election Commission.
Statutory laws must extend full protection to the electorate against any fear, fraud, misrepresentation or other undesirable practices which may be indulged by or on behalf of the candidates in elections. They must insulate elections from the undue influences of money, muscle and other inducements. Electoral laws must contain an equal and just demarcation of constituencies, the principle of one person-one vote, the secrecy of voting, a just procedure for casting votes, and for counting and the declaration of election results. Such laws must also provide unfettered freedom to every person, who is qualified to offer himself as a candidate for election, and allow him to campaign freely, subject to the conditions of law.
In particular, the statutory laws must have detailed provisions for: preparation, update and maintenance of the electoral roll; qualifications and disqualifications of candidates and elected representatives; disclosure of antecedents of candidates; nomination, scrutiny and withdrawal of candidates; registration of political parties and election symbols; poll procedures, counting and recounting; corrupt practices and other electoral offences; election expenses; and adjudication of election disputes etc.
Article 65 of Bangladesh Constitution requires the establishment of a Parliament and Article 66 lays down the qualifications and disqualifications of candidates running for Parliamentary elections. The Fifteenth Amendment of the Constitution, enacted in June 2011, provides for Parliamentary elections to be held under the government of the day — i.e., a party-based government – and during the 90 days prior to the expiry of the Parliament. In addition, it restrains the authority of the Judiciary to intervene in Parliamentary elections after the election schedule is declared by the Election Commission.
Statutory laws must extend full protection to the electorate against any fear, fraud, misrepresentation or other undesirable practices which may be indulged by or on behalf of the candidates in elections. They must insulate elections from the undue influences of money, muscle and other inducements. Electoral laws must contain an equal and just demarcation of constituencies, the principle of one person-one vote, the secrecy of voting, a just procedure for casting votes, and for counting and the declaration of election results. Such laws must also provide unfettered freedom to every person, who is qualified to offer himself as a candidate for election, and allow him to campaign freely, subject to the conditions of law.
In particular, the statutory laws must have detailed provisions for: preparation, update and maintenance of the electoral roll; qualifications and disqualifications of candidates and elected representatives; disclosure of antecedents of candidates; nomination, scrutiny and withdrawal of candidates; registration of political parties and election symbols; poll procedures, counting and recounting; corrupt practices and other electoral offences; election expenses; and adjudication of election disputes etc.
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