Assignment On

The Election Commission and Role to Democracy in Bangladesh

Course Title: Fundamentals of Politics

Course code: 113

Semester No: 1

Submission Date: 27/01/2021

Submitted to: Submitted by:

Mr. Saifuddin Ahmed Madhuri Sharma

Associate Professor and Department of Peace and

Chairman, Conflict Studies

Department of Peace and Roll No: 18

Conflict Studies.
Introduction

Duties of election commission

Role of election commission

Functions of election commission

Constitutional body of election commission

Bangladesh election commission scandal 2020

Democracy in Bangladesh

Bangladesh election commission and it’s democracy

Conclusion
The election commission and it’s role to democracy in
Bangladesh

Introduction:

The election commission of Bangladesh, abbreviated EC, is an independent

constitutional body. Article 118 of the constitution provides for the establishment of
an EC in Bangladesh. The commission formed in July 7, 1972, as a type of
regulating and conducting elections in Bangladesh.

According to 118 (4) and 126 of the constitution and article 4 and 5 of the
representation of the people’s order (1972). The EC is an independent constitutional
body that exercise of its function relating to elections. It’s working independently for
holding elections on a regular basis with transparency and accountability. The
commission has a significant role for ensuring democracy through free fair and
neutral election. [1]

Effective participation of women in all spheres of national life is a precondition for

strong and functional democracy. The Election Commission (EC) is a constitutional
entity principally responsible for holding free and fair elections and performing other
activities that come within the purview of election management alongside the
management of polling stations, declaration of election schedules, supervision of
officials during the election period, promoting public awareness and preparation,
announcing and publication of election results. EC ensures proper application of
laws by resolution of election disputes and complaints as well. Since half of the
population is women, the Commission is continuing its efforts to confirm effective
participation of women in the whole process for establishing a sustainable
democratic state. [2]
Duties of election commission:

Election commission carry out all work relating to registration of voters, printing of
voter list, management of national and local level elections, training of polling
[3]
personnel and all logistical arrangements for elections.

Role of election commission:

Guardian of free and fair election:

The election commission is regarded as the guardian of elections in the country. In

every election, it issues a model code of conduct for political parties and candidates
to conduct elections in a free and fair manner.

Free and fair election mean:

a. The free expression of the will of the people

b. Election should be transparent
c. Election should be inclusive and accountable
d. There must be equitable opportunities to complete in the election
e. The election process should be out the range of fraud and violence

Registration of political parties:

It ensures that political parties can practice democracy only by their registration. The
commission has power to know and investigate about the political party’s
background.

Prohibition on publication:

The commission can issue an order for the prohibition of publication and
disseminating of results of opinion polls or exit polls to prevent influencing the voting
trends in the electorate.

Quasi of judicial powers:

The commission has quasi-legal powers as a law enforcement agency to investigate

and indict those who compromise election laws through bribery, corruption, vote
buying or blackmail.
Limits on poll expenses:

To get rid of the growing influences and vulgar show of money during elections the
Election commission has made many suggestions in this regard. The Election
commission has fixed the legal limits on the amount of money which a candidate can
spend during election campaigns.

Use scientific and technological advancements:

The Election commission trying to bring transparency and improvements in election

procedures by taking advantage of scientific and technological advancement. EVM-
electronic voting machines are one of the steps. The EVM machine is very
important with a view to reducing malpractices and also improving the efficiency.

Right to know about candidates:

In order to make democracy healthy and unpolluted, citizens have right to know
about candidates’ background. Election commission make sure about the
candidates who are nominates for the election are qualified for the Election. To stop
criminalization and in the public interest the past of candidate should not kept in
dark. [4]

The main functions of election commission:

a. Hold elections to the office of president

b. Hold elections of member of parliament
c. Delimit the constituencies for the purpose of elections to parliament
d. Prepare electoral rolls for the purpose of elections to the office of president
and to parliament
The constitutional body of election commission:

Articles 118 to 126 of the Constitution have laid down some rules and regulations
regarding the Election Commission.

The post of Chief Electoral Officer is recognized as a constitutional post and the
Chief Election Commissioner is nominated by the President.

According to Article 118 of the Constitution, the Election Commission shall consist of
the Chief Election Commissioner and not more than four Election Commissioners.

The Chief Election Commissioner shall act as the Chairman of the Election
Commission and shall hold office for a period of 5 years from the date of its
formation.

In other articles of the constitution mention about Staff of Election Commission,

Single electoral roll for each constituency, Qualifications for registration as voter,
Time for holding elections, Parliament may make provision as to elections, Validity of
election law and elections and Executive authorities to assist Election Commission.

Bangladesh election commission scandal 2020:

Bangladesh election commission scandal of 2020 is the revelation of a series of

corruption allegations, moral degradation of the commissioners and evidence of
gross misconducts before and after the controversial 2018 Bangladeshi general
election and 2019 Upazila polls in Bangladesh. Allegations included the
misappropriation of around 20 million Bangladeshi taka for imaginary programs,
[5]
 embezzlement of 40.8 million BDT during the recruitment process of election
commission staffs,[6] purchasing the electronic voting machine at a higher price than
the market rate, usage of extra cars by three election commissioners flouting
rules[7] and facilitating continuous and numerous election fraud by not investigating
credible allegations of irregularities during the 11th Parliamentary Election and
elections in Dhaka North and Dhaka South City Corporations, Khulna City
Corporation, and Gazipur City Corporation.

On December 19, 2020, 42 eminent citizens of the country including senior

professors, economists, and election observers sent a letter to the President and
urged to form the Supreme Judicial Council (SJC) to investigate the allegations of
"financial irregularities, corruption and gross election-related misconduct" against the
election commission led by KM Nurul Huda.[8]

Democracy in Bangladesh:

In Bangladesh Democracy was first introduced in 1700-1947 the time of British role in south
Asia, where Bangladesh was among the first British colonies in the subcontinent. Science
Bangladesh achieved its independence on 26 march 1971 from Pakistan, Bangladesh
introduced parliamentary democracy into its political system.

Democracy ensures by many terms of them major terms are freedom of expression,
association of free and independent media, free and fair election, independence of judiciary,
transparency and accountability in public administration, respect for human rights and
freedoms etc. and the main fact is that the term democracy indicates a form of government
where all the state’s decisions are exercised by a majority of its citizenry through a fair
[9]
elective process.

[10]
The Election commission and it’s democracy:

Due to several reasons, the standard of democracy and representation in

Bangladesh is very low. Despite there are large number of voters in terms of
participation and accountability, political partition in other ways is almost non-existent
we can see. There are formal and informal barriers limit participation in politics.
Because just as important as winning the support needed to win an election, culture
can be just as important.

A person’s caste, class, gender and educational qualifications are important factors
in determining a candidate’s fitness. It indicates that Bangladesh has a feudal culture
but due to the lack of alternative criteria, political competition is almost non-existent.

There is lacking the information needed to hold election leaders accountable. We

can see after that the member of parliament tend to see their primary role once
elected. But the funny thing is that the most of people say their member of
parliament never go to their polling stations, where the general public or voters
believe that the best way to improve the quality of communication and representation
is to meet with members frequently and person elected by vote which is member of
parliament can better monitor their activities in parliament.
Conclusion:

From the above study it is seen that the elections have been credible, meeting many of the
key benchmarks for democratic elections, and represent a crucial step in the continuing
effort to strengthen democracy and improve governance in the country. It is a time for
leaders on all around sides to grasp this opportunity and display real activities, with political
forces, where they are a future government or opposition the challenges facing the country.
[11]

Democratic movements of the country, in order to break the political deadlock, domestic and
international actors must support a comprehensive.

Role of Election Commission in a democratic society is immeasurable. The key function of

holding a free, fair and credible Election is vested to Election Commission. For holding a
free and fair election, Election Commission should be more conscious about its own
authorities. Besides this, the vital responsibilities go to govt. in power which normally
operates the affairs of state to assist Election

Commission for discharging its activities. Election Commission should be vigilant in respect
of overcoming its loopholes and limitations which have been discussed earlier this paper.
Now, we are facing a great problem about holding of next parliamentary election. The
Election Commission should try to arrange political dialogue among the leading political
parties of Bangladesh to reach in a unified opinion about the holding of next parliamentary
election and whereby it should assist to uphold the justice by ensuring fairness in Election
Procedures.
Reference:
1. Constitution of Bangladesh

2. Alvarez-Rivera, Manuel. "Elections to the Latvian Saeima (Parliament)". Election

Resources on the Internet. Retrieved December 15, 2018.

3. Earth Observation: ENVISAT. [Online]. Available from: http://www.ecs.gov.bd/

[Accessed 2000 - 2021].

4.Constitution of Bangladesh Act 118 (4) and 126

5. "Commissioner Mahbub Talukdar alleges 'whimsical behavior' at EC". The Daily

Star. 6 August 2019. Retrieved 25 December 2020.

6. "TIB demands CEC, other commissioners’ resignation". bdnews24.com. 25

November 2019. Retrieved 25 December 2020.

7. "42 citizens call for Supreme Judicial Council to probe graft allegations against
EC". Dhaka Tribune. 19 December 2020. Retrieved 25 December2020.

8. Jump up to: a b "Corruption allegation against EC: 42 eminent citizens urge

President to constitute Supreme Judicial Council". The Daily Star. 19 December
2020. Retrieved 25 December 2020.

9. "Bangladesh and its confusion on democracy | The Opinion Pages".

opinion.bdnews24.com. 2015-05-23. Retrieved 2020-06-01.

10. Registration". Election Commission Bangladesh. Archived from the original on

2013-06-05. Retrieved 2013-06-07. "

11. Feroz, Jalal 2015 Bangladesh Sangorshik Rajniti and Parliament; Dhaka: Moula
Brothers.