POL101: An Introduction to Political Science

FINAL Policy Brief

Topic: The Role of the Election Commission

Submitted To:
Shafiul Aziz Joy

Submitted By
KHONDKER MUEEN HASAN
SECTION:04
ID:17209006

8th August, 2022

1
 Index
No: Content Page no:

1. Abstract 3
2. Introduction 3

3. Body 4-6

4. Policy Implication: 6-8

5. Conclusion 8

6. References 8-9

2
 Title: The Role of the Election Commission

Abstract: The Election Commission and the importance of fair and unbiased elections in
establishing effective government are enormous. The election is the primary criterion for a
country's transparent political environment, but the political environments of many nations
throughout the world, such as Bangladesh, pose a danger to fair and credible elections.
Transparency, elections, and an unpredictable political structure will help to create this work
in Bangladesh. All elections including post-independence elections were highlighted in the
early stages of this work. The primary goal of this study is to highlight the critical
components of several legislation directing the Election Commission and the Election
Commission to act freely and without any political or governmental involvement. This essay
aimed to identify the fundamental ingredients and major barriers to holding independent and
independent elections. This research also looked at the political hurdles that the country has
faced in organizing legitimate elections since it began its democratic path.

Introduction: The process of selecting people's representatives to advocate for them in

suitable forums, such as Parliament and elsewhere, is the cornerstone of robust democracy in
any sort of society. The only way for people to pick their representatives in a transparent and
democratic manner is through elections organized by the Electoral Management Body
(EMB), also known as the Election Commission. People must have faith in EMB as an
institution, as well as in the transparency and effectiveness of its operations. If people lack
trust in the electoral procedures and in the EMB as an institution, neither the election
outcomes nor democracy will flourish in a country, whether in developed or underdeveloped
countries. When Bangladesh emerged from a long era of military authoritarianism in
December 1990, democracy appeared to be taking root, especially when a new constitution in
1991 replaced autocratic presidential authority with a parliamentary system. However,
Bangladesh has struggled to build a democratic political culture in the face of recurrent
disagreements about the rules of the game. As a result, the Election Commission must be
powerful and natural in order to conduct free and fair elections. The general use of elections
as a means for selecting representatives in modern democracies contrasts with the practice in
ancient Athens, the democratic exemplar. Elections were seen as an oligarchic institution, and
the majority of political posts were filled by satiation, sometimes known as allotment, in
which officeholders were chosen by lot. One of the most crucial aspects of these elections is
that everyone has a fair and equal opportunity to vote. Another crucial aspect of an election is
that people have a say in what they vote on. Voting is an effective method to give people a
say in issues that impact them, which is why election systems have been used for thousands
of years.

3
Community mapping and Engaged research:
There are three types of organizations whose reports are interrelated with election
commission activities and I am describing them here.

Bangladesh Election Commission (Nirbachan Bhaban (7th - 8th Floor), Agargaon,

Dhaka-1207, Bangladesh)
Article 118 of the People's Republic of Bangladesh Constitution established the Bangladesh
Election Commission. The Election Commission is responsible for holding presidential and
parliamentary elections, compiling voter lists for elections, re-delineating constituencies, and
carrying out other legally mandated elections. All authorities must assist the Election
Commission in carrying out its responsibilities.

Odhikar (House No. 35 (3rd Floor), Road No 117, Gulshan, Dhaka, Bangladesh):
Odhikar was created on October 10, 1994, with the purpose of building broader monitoring
and awareness-raising tool for abuses of civil and political rights. It has established a strong
network of friends and human rights defenders not just in Bangladesh but also around the
region. The organization's major aims are to raise awareness of human rights and their
countless cases of abuse on the one hand and to develop a robust democratic system on the
other.

Amnesty International (28 Kabi Jasimuddin Road, Kamalapur, Dhaka, Bangladesh):

Amnesty International is a global movement of over 10 million individuals who are outraged
by injustice. Political beliefs, economic interests, or religion have no bearing on them. From
the abolition of the death penalty to the protection of sexual and reproductive rights, their
work protects and empowers people. They speak up for everyone whose freedom and dignity
are being violated.

Historical Context of Bangladesh Election (1970 - 2018):

On December 7, 1970, Pakistan's first election was conducted after several years of political
turmoil. The Awami League political party won every seat in East Pakistan. West Pakistan
and East Pakistan have begun talks to divide power between the federal authorities. On
March 2, 1971, a group of students hoisted Bangladesh's new (proposed) flag. Sheikh
Mujibur Rahman delivered his historic freedom address, calling for a revolution for liberty
and liberation.
Mukti Bahini, which fought for independence from Pakistan, was created on March 25, 1971,
after the Pakistan army started "Operation Searchlight." Over the course of nine months, an
estimated 3 million Bangladeshis were slaughtered. The Pakistani army signed the
"Instrument of Surrender," and Bangladesh became the 139th country in the world.
Bangladesh's constitution enters into force on December 16, 1971, and the Bangladesh
Awami League wins a majority in the first general election. Sheikh Mujibur Rahman and the
majority of his family members are murdered on August 15, 1975.

4
Ziaur Rahman was able to secure the army's support. Then, in 1977, he created the
Bangladesh Nationalist Party (BNP), which won the June 1978 election. In May 1981, he was
assassinated in Chittagong.
Army Chief of Staff Lt. Hussain Gen. H.M. Ershad declared martial law and suspended the
Mohammed constitution in March 1982. He afterwards resigned from the army and ruled
Bangladesh for several years. On December 6, 1990, he was forced to resign as a result of
nationwide strikes, heightened campus demonstrations, public rallies, and a collapse in law
and order.
Political parties forming the government in Bangladesh since 1990. 1991–1996. BNP led by
Khaleda Zia. 1996–2001 Awami league, led by Sheikh Hasina. 2001–2006 Four Party
Aliiance is led by BNP. Oct. 2006–Jan. Caretaker Government 2009–present Grand Alliance,
led mainly by Awami League and Jatiya Party.

The Awami League won the large majority of parliament seats in the 29 December 2008
election. From 2012 to 2014, there was extensive political unrest and violence in the form of
strikes, riots, and vandalism. The Awami League won by a landslide victory in the tenth
general election when her primary competitor Khaleda Zia and all other opposition parties
boycotted the vote. At least 21 individuals were murdered during the election day violence on
January 5. After failing to block the January 2014 election and oust the ruling party, the
continued BNP-Jamaat rallies dwindled, and political stability was achieved by the end of
March 2014. The Bangladesh National Party (BNP) has accused the Awami League of
plotting to destroy their party and keep them out of the next general election. On 22
September 2018, in a massive rally, Jatiya Oikya Prokriya (JOP), led by Dr Kamal Hossain
and Prof. Badruddoza Chowdhury, allied with the main opposition party, BNP. In December
2018, Awami League regained power, capturing 259 of 300 parliamentary seats and became
Bangladesh's biggest governing body after 1973. During this time, the conflict between
Bangladesh and Myanmar over the unsolved Rohingya Refugee Crisis raged on.

Human rights and opportunities:

The majority of the rights stated in the US Bill of Rights are likewise enumerated in the UN
Universal Declaration of Human Rights. Civil rights are those that are codified and protected
by law. Most often, these include freedoms of expression, religion, mobility, and
employment. Political rights include the opportunity to participate in government (vote and
hold office) and urge change without fear of persecution from the government.

Ensuring a level playing field for all parties during the parliamentary election. Winning the
support of major political parties. Partisan power in a local government election and legal
changes. Election laws implementation. Institutional development continues.

Academic Journal Research:

According to Amnesty International, on June 27, RAB personnel entered the house of BNP leader and
former Dhaka mayor Mirza Abbas without a warrant during the opposition-led nationwide strike.
Officials arrested Abbas earlier in the day on separate charges. During the incident, members of the
RAB beat several members of Abbas' family and injured more than 20 persons. Officials made no
further arrests, and no official investigation occurred after the incident.

5
According to Amnesty International, Bangladesh: Drop charges against the journalist.
Bangladeshi authorities must immediately and unconditionally drop trumped-up charges
against a prominent journalist who could be jailed for more than a decade for a Facebook
post, Amnesty International said today. Probir Sikder, the editor of the daily newspaper
Bangla 71, was arrested in August 2015 and has been out on bail since. He is due in court in
Dhaka on 26 June, when the charges against him are expected to be formalized. “Any
charges against Probir Sikder must be dropped immediately and unconditionally. It is a sad
state of affairs when a respected journalist could face more than a decade in prison simply
for posting on social media,” said Champa Patel, Amnesty International’s South Asia
Director.

According to information gathered by Odhikar, 220 persons were killed and 13,999 injured in
political violence during the year. There were also 576 incidents of internal violence in the AL
and 92 within the BNP. In addition, 38 persons were killed and 5,614 persons were injured in
AL internal conflict, and seven persons were killed and 1,146 persons were injured in internal
BNP violence.

According to Odhikar, on May 24, RAB officials detained Abul Kalam Azad and his son.
They were interrogated separately at RAB headquarters, after which Azad died. Azad's son
claimed that the RAB tortured his father to death.

Policy Implication:
(Analysis of laws and determining limitation)
Part VII (articles 118 - 126) of the Constitution of Bangladesh deals with elections. The
election commission is entrusted with conducting elections and is required to "be independent
hi the exercise of its functions" and subject only to the Constitution and other laws. Thus the
Prime Minister has a free hand in appointing the election Commissioners. Since 1975 almost
all commissioners have been appointed based on their perceived political loyalty.
The party in power with the help of loyal election commissioners ensures the appointments of
loyal personnel to key positions. The Commission is completely independent of the
executives. As per constitutional provision under Article 118, the appointment of the Chief
Election Commissioner and other commissioners is subject to the provision of any law made
by the President. Taking advantage of the absence of any such law appointments loyal to the
regime has taken place.

To avoid malpractice and manipulation of any kind in the election process to ensure a free
and fair election, the Election Commission has formulated the Code of Conduct for the
observance of political parties and contesting candidates. The salient features of the Code of
Conduct are the following: Ban on subscriptions, donations, etc. to any institution. Use of
Government accommodations like Circuit Houses, and rest houses: All parties and candidates
shall be given equal rights for using government rest houses and circuit houses on the basis of
the application first made and in accordance with the existing rules for using of same. But the
government officers engaged in the conduct of the election shall get preference to use
Government dark-bungalows, rest houses, and circuit houses. All political parties and
candidates shall be given equal rights with respect to the election campaign.

6
Swot Analysis:
No. Strength Weakness Opportunity Threats

1. In the current world, The types of expression Odhikar Newspaper

freedom of speech is a that fall outside of its advocates for the editors and
distinguishing feature protection are freedoms of scholars voiced
of social life since it obscenity, child expression and worry that press
allows individuals to pornography, assembly, and speech
express their opinions defamation, peaceful freedoms in
and feelings without encouragement of assembly and Bangladesh
fear of repercussions. violence, and real association, and were under
threats of violence. the right to vote. significant
Even within those threat.
categories, there are
conditions that must be
satisfied in order for
speech to be prohibited.
Beyond that, we are
free to say.

2. In Bangladesh, Hacking vulnerability Electronic voting There is a

electronic voting According to the technology aims chance that a
machines (EVMs) Congressional Research to speed up ballot totally digital
were developed to Service on Election counting, lower system may fail
address issues with Reform and Electronic the expense of to deliver
paper ballots. Voting Systems, hiring workers to results and will
vendors and election physically tally lack physical
jurisdictions normally votes, and backup records,
declare that they do not enhance making a public
transfer election results accessibility for recount difficult
from precincts through impaired voters. or impossible.
the internet, but may do Expenses are also
so via a direct modem likely to fall in
connection or a Virtual the long run.
Private Network (VPN). Results may be
However, even this reported and
strategy may be publicized more
vulnerable to internet- quickly.
based assault, Example:
particularly if Election
encryption and Commission
verification are
insufficient.

7
 3. Equality before the Equality implies the Amnesty Bangladeshi
law guarantees non- lack of particular International has women have
discrimination. advantages. In social evolved from been fighting
Example: Gender and political life, all advocating for for their rights
equality, religious obstacles of birth, the release of in the
issues. money, caste, and political household,
gender should be prisoners to community, and
erased. defending the full the state. In
range of human practice,
rights. Our work women
protects and continue to face
empowers discrimination,
people, from the marginalization,
abolition of the and unfairness
death penalty to and have little
the protection of influence on
sexual and decision-
reproductive making
rights, and from processes.
fighting
discrimination to
defending the
rights of refugees
and migrants.

Conclusion:

The role of the Election Commission in a democratic society is immeasurable. For a

democratic society, the Election Commission is one of the most important governmental
agencies, directing how the country would function for its future democracy. A functional
Election Commission is required to run a credible election. The basic pillar of the democratic
process is the holding of free and fair elections. However, when an election is handled in a
biased manner, it causes a loss of faith in the results, exacerbates structural imbalances, and
occasionally leads to bloodshed and civil war. As a result, it is critical to hold a free, fair, and
trustworthy election.

Reference:
[1] The Bangladesh observer, Published on 16 February 1996
[2] Mahmudul Islam,Constitutional Law of Bangladesh (Mullick Brothers Book,3rd
edn,2012)
[3] Abul Fajol Haque, Bangladesher Shason Babostha O Rajnity, (2nd end, Sumon Law
Book2008)

8
[4] Rahman, M. Moksuder and Zaman, Nasima, “Political and Local Self-Government in
Bangladesh: The Historical Perspective”, Social Science Journal, vol:9. July, (2004)
[5] https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/banglad
[7] http://www.ecs.gov.bd/page/about-bangladesh-election-commission
Mollah, M.A.H. and Jahan, R. (2018), "Parliamentary election and electoral violence in
Bangladesh: the way forward", International Journal of Law and Management, Vol. 60 No. 2,
pp. 741-756. https://doi.org/10.1108/IJLMA-07-2017-0161

[2] "Governments in the United States". Archived from the original on March 31, 2015.
Retrieved May 19, 2015.

[3] "Elections & Voting". whitehouse.gov. April 2, 2015. Retrieved October 14, 2017 –
via National Archives.

[4] DeFalco, Beth (January 9, 2007). "New Jersey to take 'idiots,' 'insane' out of state
constitution?". Delaware News-Journal.

[5] Organization for Security and Co-Operation in Europe, Office of Democratic Institutions
and Human Rights (ODIHR), "ODIHR Limited Election Observation Mission Final Report"

[6] Ghaleigh, N. S. (2012). The Regulator: The First Decade of the Electoral Commission. In
K. Ewing, J. Rowbottom, & J-C. Tham (Eds.), The Funding of Political Parties: Where
Now? (pp. 153-171). (Routledge Research in Comparative Politics).
Routledge. https://doi.org/10.4324/9780203802939-16

[7] "DPRK Holds Election of Local and National Assemblies". People's Korea. Archived
from the original on 10 May 2012. Retrieved 28 June 2008.

Thank You