A fair selection process?
With an arbitrary wave of a wand the Prime Minister selected the CEC. No questions were asked, no choices expressed. The person therefore became beholden to the executive in more ways than one. The selection owed itself to one powerful person or a powerful party. The EC budget was dependent upon the whims of the Finance Ministry and staff were subordinate to the executive. The Bangladesh Constitution, we are told, provides no safeguards against arbitrary selection. That may be so, but it certainly does violate the principle of fair play. It is no wonder that so many deviations have taken place on the path to a fair and free election.
The present CEC has from the very beginning refused to recognize the elections as a modality for citizens' participation. Instead, the EC involved itself in endless games with voter registration, and even trumped court judgments. The fault lies not so much in the individual but in the mode of his selection. The crisis will thus repeat itself unless the political parties are willing to ensure that this constitutional position is protected from political manipulations.
For all latest news, follow The Daily Star's Google News channel. So, as the major political parties cry themselves hoarse for a fair and free election and demand the immediate resignation of the present chief election commissioner, they would do well to formulate a consensual modality for this constitutional office. While we are talking of reforms, we may do well to look at how the 17th Amendment to the Sri Lankan Constitution visualized selection by a Constitutional Council comprising of the Speaker as Chairperson, the Prime Minister, Leader of the Opposition, Appointee of the President, five persons nominated jointly by the Prime Minister and Leader of the Opposition and one person nominated upon agreement by majority of members belonging to political parties other than the parties to which the PM or Opposition Leader belong and appointed by the President. Except the ex-officio members, the term of office of other members is 3 years. The functions of the Constitutional Council are solely to make suitable appointments to the Election Commission and other constitutional commissions.
This is supposed to ensure a neutral, level playing field and to avoid an arbitrary choice. Of course many other reforms are needed, but this may be a starting point. It is ironic, however, that the President of Sri Lanka has ignored his constitutional obligations to abide by recommendation by the Constitutional Council. Let us take this as a warning and formulate further safeguards to maintain the total independence and integrity of the Election Commission.