Some electoral reforms may curtail EC’s independence

There is no doubt that the independence of the Election Commission will be curtailed if some of the Electoral Reform Commission's recommendations are implemented, Chief Election Commissioner AMM Nasir Uddin said yesterday.

If the EC's independence is compromised, the holding of a free and fair election can be affected, he said while speaking at an event organised by the Reporters Forum for Election and Democracy at the EC office.

The CEC criticised the reform commission's proposal for overseeing the EC's legal, financial, and administrative matters by a parliamentary committee instead of a ministry, empowering parliamentary committees to probe allegations against an EC after its tenure, and forming independent bodies to look after delimitation of constituencies and NID activities.

On January 15, the reform commission submitted its report to Chief Adviser Prof Muhammad Yunus.

"If I have to answer to a parliamentary standing committee, then where will my independency be?" he said.

The EC is an independent body, he said regarding the recommendation to form an independent authority for delimitation of constituencies.

Creating another independent body would complicate matters, as the delimitation of constituencies is a constitutional power of the EC. Establishing another authority will go against the spirit of the constitution, he said.

If the EC violates its oath, a parliamentary committee will investigate the matter after its tenure and recommend actions to the president, the CEC said while talking about another suggestion.

"No one is above the law. Even the president faced trial after leaving office. When election commissioners are no longer in office, many laws are to hold them accountable."

Arguing that giving such powers to parliamentary committees would undermine the EC's independence, the CEC said, "Take, for example, during a local election, if a member of parliament or a member of a parliamentary committee requests the EC to move a polling centre closer to their residence and if I refuse, they might say that just wait for four years then we will see."

The reform commission suggests that the responsibilitiesof voter NID cards and voter registration be handed over to an independent department. "If I prepare the voter list and another authority is responsible for it, then what control will the Election Commission have?" he said.

Describing members of the Electoral Reform Commission, led by Badiul Alam Majumdar, as highly experienced, the CEC earlier said, "They have made many recommendations. I cannot say whether all of them are good, bad, or acceptable to us. Only the wearer knows where the shoe pinches.

"Someone can make recommendations, but only the implementer knows if they are feasible."