A short note on the “Appointment of the Chief Election Commissioner and Other Election Commissioners Act, 2022”
Introduction: This is said to be one of the best steps in Bangladesh to make the election commission strong and transparent. Beforehand, the appointment of election commission being totally dependent on the government, there had been a chance of arbitrary appointment by the president to this vital office of the Republic. But, the parliament has recently passed the Chief Election Commissioner and Other Election Commissioners Act, 2022 to step back from the aforesaid position. Let’s have a look on the contents of the Act:
1. Constitution of search Committee and its
functions: (Section 3) The
President shall constitute an Inquiry Committee consisting of the following 6
(six) members for the purpose of recommending the names of persons qualified as
per this Act for the vacant posts of the Chief Election Commissioner and other
Election Commissioners, namely:
(A) a
Justice of the Appellate Division nominated by the Chief Justice, who shall
also preside over it;
(B) a
justice of the High Court Division nominated by the Chief Justice;
(C) the
Auditor General and the Comptroller and Auditor General of Bangladesh;
(D) the
Chairman, Bangladesh Public Service Commission; And
(E) 2 (two)
prominent citizens nominated by the President, one of whom will be a woman.
2. Procedure of meeting of the Committee: Section 3 of the Act provides that The search committee shall determine their procedures of meeting. The quorum shall be completed on the presence of 3 of its members. The decision shall be taken on the basis of majority vote of the members present at the meeting of the search committee and in case of equality of votes; the member presiding over the meeting shall have the power to cast a second or casting vote. The inquiry committee shall submit its recommendation to the President within 15 (fifteen) working days of its formation.
3. Responsibilities and Functions of the Inquiry Committee: (Section 4) The Inquiry Committee shall act following the principles of transparency and impartiality and shall make recommendations to the President for appointment to the post of Chief Election Commissioner and other Election Commissioners considering the qualifications, incompetence, experience, honesty and reputation described in this Act. The search committee shall make a search or call for recommendations from the political parties for the purpose of such appointment or other professional organizations. And the Inquiry Committee shall recommend to the President the names of 2 (two) persons for each vacant post.
4. Qualifications of Chief Election
Commissioner and other Election Commissioners: (Section 5): For being appointed to the post of Chief
Election Commissioner and other Election Commissioners, he should have the
following qualifications:
(A) he must
be a citizen of Bangladesh
(B) he shall
be at least 50 (fifty) years of age; And
(C) he must have at least 20 (twenty) years of work experience in any important government, judicial, semi-government, private or autonomous position or profession.
5. Disqualification of Chief Election
Commissioner and other Election Commissioners: (Section 6) Following persons shall be disqualified for
the appointment to the post of Chief Election Commissioner and other Election
Commissioners:
(A) he was declared insane by an appropriate court;
(B) he has not been exempted from liability after being declared bankrupt;
(C) he acquires the citizenship of a foreign state or declares or acknowledges
allegiance to a foreign state;
(D) he was convicted of a criminal offense of moral turpitude and sentenced to
imprisonment;
(E) he has been convicted for any offense under the
International Crimes (Tribunals) Act, 1973 (Act No. XIX of 1973) or Bangladesh
Collaborators (Special Tribunals) Order, 1972 (President’s Order No. 8 of
1972); Or
(F) he holds a lucrative position in the service of the Republic, except in cases where the law does not disqualify the incumbent.
Besides, Section 7 requires that the Cabinet shall provide necessary secretarial assistance in the performance of the search committee and section 8 empowers the government to make rules for the purpose of this Act.
Concluding Remarks: Undoubtedly, passing this new law for the appointment of election commissioners is one of the best steps taken so far to make the election commission free, transparent and strong. 'The Appointment of the Chief Election Commissioner and Other Election Commissioners Act, 2022' clearly indicates that the procedures for the appointment of chief election commissioner and other election commissioners contained therein must be complied with for the establishment of a transparent and strong election commission. Flaws in the election mechanism can easily be resolved, if it be possible to ensure the compliance of the provisions of this Act and fulfill recommendations brought by the following article on this site.
To read the article click here: “Constitutional Powers of Election Commission for Arranging a Free and Fair National Election in Bangladesh”
