Building or destroying institutions?

Bangladesh developed a quite good Constitution in less than a year of her independence. The constitution has provision for establishing a good number of excellent state institutions including a secular democratic government containing the elected Executive Body (meaning the Cabinet headed by Prime Minister) helped by an appointed set of qualified and patriotic employees, an elected Legislative Body (the Parliament-named Jatiya Sangsad) and the appointed qualified Judiciary headed by the Chief Justice.

The constitution provided for establishing some more 'Central Constitutional Bodies' like the Election Commission, the Office of the Comptroller & Auditor General, the Public Service Commission and so on for smooth functioning of the state.

The constitution has also provided for establishing 'Local Constitutional Bodies' like the District Council, the Union Council and later, under the same provision, the Upazila Council. But still we are failing to establish the District Council. The Upazila Council that once worked in full swing has now taken the shape of a vestigial organ. The Union Council was working since the British period but recently this grassroots level body has turned into a very weak organisation because most of its authorities and financial powers have been snatched by the local Members of Parliament (MPs).

Few more institutions

Our political parties could discover that they themselves were not worthy enough to hold a peaceful and reliable election. So they made the provision for a 'Caretaker Government' (CG) that does not have any ambition for ruling the country for longer than three months. That very provision was made through amending the constitution (13th amendment, March 1996) though it was done by the parliamentarians elected through a questionable poll held on February 15, 1996.

The constitution has provided for establishing an independent judiciary. But for over 30 years we did not try that. In response to a simple case in December 1999 (Masder Hossain case), the honourable Supreme Court had given the Executive a ruling to establish that. For years together the Executive has been dilly-dallying this process. The people have an independent Supreme Court (having the High Court and Appellate Divisions). But they are being deprived of the right to justice in the lower courts just because these are intimidated by the Executive in various ways.

Our constitution has provision for establishing the Human Rights Commission and the office of the Ombudsman, but these are still in the air. However, we tried to establish a new institution, the independent Anti-Corruption Commission (ACC) in place of the defunct Anticorruption Bureau but so far we failed to make it functional. To make the ACC fully functional it is required that the body is made a Constitutional one instead of basing on simple orders from the Executive. It is apparent that the Commission cannot work independently (though the Chairman sometimes boastfully declares 'this and that would be done in ..days') if this is not established under amended constitutional provisions.

Some bad precedents

The judiciary Branch is the ultimate authority of the legal affairs of the state. The Appellate Division of the Supreme Court is the final arbiter of any law including the Constitutional Provisions. The Justices of the Appellate Division reach that level through practicing as judges in the High Court Division. In the recent past, questions raised in the public mind as regards the method of appointing the judges of the Supreme Court. Some judges were said to be forfeiters of their own certificates! If the allegation is true or false may be decided by the court concerned but the sense of lacking 'standards' in selecting those judges hits the heads of the mass.

Bangladesh Public Service Commission (BPSC) selects the government officers through a series of tests under the name Bangladesh Civil Service (BCS) Examination. The BPSC is a Constitutional body and the President himself appoints its Chairman and the Members. Apart from proven qualifications and intellect, these persons must have unquestionable integrity of character. But our democratic regimes beginning from 1991 usually choose the chairman according to the 'colour' (white, blue or pink) that he/she could display during the university days or during their serving elsewhere. For reasons unknown, the BCS question papers are being leaked out several times. The question of the Preliminary Test of the last BCS (27th) Examination was also alleged to be leaked. But the BPSC paid no heed to this; rather this constitutional body announced the result of the said examination, perhaps, within the shortest time breaking all the past records! So a question arises if we are destroying the BPSC from the very core!

Teachers of the universities play a vital role in forming the mind of the most intelligent and qualified students of the state. The teachers constitute the largest group of the intellectuals of the nation. Most of the writers are the university teachers.

New knowledge is mostly generated in the universities by both the student and teacher researchers. We know usually the best students of any department were colourless during their student life. But now teachers are being selected according to their known colours. So we are using a false standard (colour) instead of the proven 'standard' (intellect, inquisitiveness, freethinking, perseverance and the known best results). It is obvious that if the best sons and daughters of the land do not have the access to teaching and research in the universities, their capability would dwindle. On the contrary, we shall have coloured researches producing new knowledge based on colours and obedience to certain schools (of thought) instead of freethinking. The impact of political posting of college principals can be guessed from the recent 'student leaders' daring actions on the general students in Eden Girls' College.

The very law on the CG is now under attack from the main opposition. It claims that there are some loopholes in the Constitutional provision because the government leading the nation just before the tenure of the CG can decide somehow who can be the Chief Advisor to the President in the interim period. The government party is found still failing to respond to the opposition call appropriately.

The Election Commission has the Chairman and at least one member who are found engaged in foul talks and indecent actions. Such actions are largely damaging the dignity of this constitutional body.

We have undermined some dignified institutions like the BPSC, the HC, the EC and many educational institutions including the public universities. Such downgrading actually amounts to destruction of these essential state institutions.

Now it is high time that our 'leaders' in every sphere realise the need of sharpening our 'standards' to measure everything correctly. We are to swear this very day that none of us would fall victim to lack of standards any longer. We are to build and sustain the state institutions better instead of destroying or downgrading them.

M A S Molla is Member, BAAS, Dhaka.