¶¶Òõ¾«Æ·

Given that the beauty of democracy lies in capturing the minds of floating voters, political parties must focus their manifestoes and strategies on being pro-people and upholding national sovereignty, writes Mohammad Jahidur Rahman

The constitution contains a controversial clause that restricts members of parliament elected through a political party from exercising their voting rights in parliament according to their own will if it contradicts the party’s decision. Article 70 of the constitution empowers political parties to oblige their members of parliament to comply with party decisions.

All major political parties have their own supporter base that generally cast vote in favour of the party’s candidate without much consideration. These voters are often referred to as the party’s ‘vote bank.’ However, a significant portion of the electorate remains unaffiliated with any party and these unaffiliated voters are the decisive force in bringing a party to a majority. The size of this non-party electorate is not insignificant in the context of Bangladesh’s political scenario, which is why political parties must focus on the desires of the floating voters to gain power. This is the essence of democracy.

Considering the performance of political governments after the rebirth of democracy from an autocratic rule in the 1990s, public expectations from both the major parties have faded for various reasons. The masses do not have the option to express their lack of confidence in contesting parties by casting their vote for a non-party independent candidate with a moderate individual vision as this has been effectively obstructed by the requirement to submit the signatures of at least 1 per cent of voters from respective constituencies when nomination papers are filed without party affiliation. This provision was added to the Representation of the Public Order 1972, amended in 2008, to control the number of candidacies that lack the minimum credibility to contest a parliamentary seat.

As a result, an independent candidate must secure the consent of thousands of voters before his candidacy which is a process far from being smooth. If even one of the thousands of signatories denies signing, the independent candidate’s nomination becomes void. Considering the socio-cultural phenomena, it is not difficult to imagine that it would be possible for several signatories to retract their support. Although the clause was added to regulate the filing of unsolicited nominations, in reality, it infringed on an individual’s democratic right to participate in the electoral process.

Given that the beauty of democracy lies in capturing the minds of floating voters, political parties must focus their manifestoes and strategies on being pro-people and upholding national sovereignty. The same principle applies to having some space in the parliament for members elected independently, neither from the treasury bench nor the opposition, to ensure that the parliament remains effective. As Article 70 of the constitution prevents parliamentarians from exercising their voting rights at their own discretion, both the treasury and opposition have the authority to act autocratically within their parliamentary boards. Just as floating voters are crucial in general elections, the existence of some floating members of parliament with no party affiliation but having strong personal vision is necessary to prevent both the treasury and the opposition from making whimsical decisions.

According to the electoral law, a candidate must secure at least one-eighth of the votes cast to get their security deposit refunded. Although getting back the money is not so important, it serves as a benchmark to recognise a candidate’s minimum competency among voters. The current Representation of the People Order allows a previously elected member of parliament to run as an independent candidate. It could be suggested that a person who has previously participated in parliamentary elections and secured at least one-eighth of the constituency’s votes without losing their security deposit should be considered a competent independent candidate.

For those who have not previously participated in general elections or failed to secure the required portion of votes, it may be necessary to submit the signatures of at least one-eighth of the elected local government representatives — union members/chair, municipal/city corporation councillors/mayors — within that constituency, instead of collecting signatures from 1 per cent of voters. This process could ensure both control over unsolicited nominations and the preservation of the democratic right to participate in elections. The provision for 1 per cent of voters could also remain in place.

Article 70 of the constitution was incorporated to safeguard political parties from betrayal by their members, as it was frequently observed in different parliamentary democracies where governments were toppled. This provision is still relevant for ensuring governmental stability. However, the recent movement against civil service job reservations highlights that reserved seats for women in the parliament are not compatible with the spirit of non-discrimination.

These 50 reserved seats could be distributed among participating political parties based on the proportion of popular votes they receive in the election. This could create opportunities for parties to accommodate their competent thinkers in the parliament who may have failed to win in the election or have limitations in participating. Additionally, small parties that have gained significant popular votes but did not secure any seats could nominate representatives to the parliament.

Political party leadership and executive authority should be mutually exclusive. In the case of local government elections, candidates should resign from their political position before submitting their candidature. A provision barring them for a specific period, like one year or six months, from returning to their previous or any other responsible position within the party could be put in place if they fail to win the desired local government position. This type of provision would prevent individuals from carrying an autocratic attitude within their domain. Similarly, members of parliament nominated for a ministerial or any other executive position in the government should be obliged to resign from their executive position within the political party.

This provision would ensure that the cabinet remains mutually exclusive in managing both governmental and political portfolios. In both local and central governments, primary membership with the party concerned could be retained.

Ìý

Mohammad Jahidur RahmanÌý([email protected]) is adjunct research fellow at the Centre for Critical and Qualitative Studies, University of Liberal Arts Bangladesh.