The evening before she had met the President after her long speech telecast live to the nation.

The whole of 28 October saw perfunctory meetings between the President and several political leaders. These discussions were ostensibly undertaken to review various possibilities and alternative choices with regard to the appointment of the next Chief of the Caretaker Government. While politicians talked, violence hit the streets of Dhaka and other parts of the country.

It was mentioned the next morning, the 29th October, that Awami League and the BNP had failed to agree on the implementation process related to the constitutional provisions present in Article 58C (3) and (4). The media also reported that the President had proposed that in accordance with the provision of Article 58C (6), he was ready to take on the responsibilities of Chief of the non-party Caretaker Government in addition to his duties as President of the Republic. It was also announced in the media that the President in the course of the day would be meeting representatives of several political parties.

We witnessed critical reactions from several constitutional experts in the electronic media. They were universal in terming the President's proposal as being a violation of the Constitutional process. The Awami League, consistent with this view, urged the President to follow the constitutional process as envisaged in the provisions present in Article 58C(3) and (4). It was also underlined that the steps required under this format were obligatory and did not require consensus or consultation. They were self-evident. It was also mentioned that the President would have to consider the provision present in Article 58C(5) which required consultation (in case sub-section 3 and 4 could not be implemented) and related to the choosing of a Chief Adviser from among citizens of Bangladesh who are qualified to be appointed as Advisers under this Article.

Unfortunately, none of these steps were followed. The constitutional process was disregarded and flimsy excuses provided for the course of action undertaken later on in the evening of 29 October. Strangely, there was only silence from our vocal civil society.

The subsequent course of events on that evening was equally disappointing. At around 6.30pm a telephone call was received by the personal office of the Awami League leader Sheikh Hasina informing that an invitation card was on its way so that she could attend the oath taking ceremony of the new Chief of the Caretaker Administration at 8pm. Her personal staff continued to wait for the card. It did not arrive on time. This stopped Hasina from being present in the oath taking ceremony. Her office was also not informed as to who was going to be sworn in. This was indeed surprising. Probably, certain interested quarters felt the need to be secretive about this controversial decision to ensure a quiet transition.

The swearing in of the President as the Head of the Caretaker Administration was meant to deliver a powerful message to the bureaucrats and the law enforcement personnel. In a manner of speaking, it was indirectly underlined and reiterated that the BNP, in another form, was still in charge, and that, they should not hesitate in providing covert support, if required later.

The measure undertaken by the President has quite justifiably raised many questions. The first concern is whether he will be able to rise over partisanship. A BNP replacement, for another politician with an independent streak, he has over the last few years demonstrated his steadfast support for the BNP Alliance. In this context, as a reflection of his loyalty, he allowed in his speeches, the persistent relegation of Bangabandhu Sheikh Mujibur Rahman's role within the Bangladeshi historical process. The second apprehension relates to his physical ability to discharge the additional duties. On more than one occasion, we have been reminded of his frail health. Can he, in this context, bear the punishing life-style that will be expected of him during the Caretaker period? Will he then be forced to delegate some of the important complex functions expected of him to an administrative arrangement that has been pre-fixed through election engineering? This is particularly worrying given the large number of hasty promotions and postings by the BNP alliance government before the end of their term of office.

From the very beginning the previous government has apparently stacked the deck against a free and fair election. Now the last card has been played.

Option A started with the controversial decision to increase the age of retirement for judges. That was to ensure that Justice KM Hasan would be the first choice for the next Chief of the Caretaker Government. Option B was appointing Justice Aziz as the Chief Election Commissioner, knowing full well that he would retire at the end of September as a Judge of the Appellate Court, and consequently be a claimant in the line of appointment as Chief of the Caretaker Administration. Option C was availing of the provision as envisaged under Article 58C (6). A and B having failed, C has been put in place. A date-expired medicine has been poured into a new bottle, ready for use by the poor patient.

Nevertheless, one must admit that the Awami League and the Fourteen Party leadership have shown great pragmatism and patience in the manner in which they have reacted to the President's decision. They have taken public interest and the economy to heart, and for the moment, refrained from solving this controversy in the streets. However, such constructive engagement can only continue for some time. The ball is now truly in the court of the President and the Chief Adviser. He has to prove that he is neutral and that he can rise over narrow vested interests. He also has to take many difficult steps that might not endear him to his sponsors.

Sheikh Hasina has met him on 30 October and outlined to him some of the important areas that will need his immediate attention on a priority basis. She has done so because like many others, she feels that these are pre-requisites for a free and fair election. A time limit has also been set in this regard. This has been done given the very short time-frame available with the Caretaker Administration.

She has understandably re-affirmed that the composition of the Election Commission needs to be changed on a priority basis. This might require the President requesting the Chief Justice to convene the Supreme Judicial Council. If that solves the problem, let that be done. Similarly, measures need to be taken to correct the voters list, to cancel the recent political appointments of hundreds of politicised, partisan upazila election officers and guarantee the use of transparent ballot boxes during the polls. This will enhance credibility within the electoral process. Secondly, she has stressed the need for the Caretaker Administration to create a level playing field by ensuring that the government owned media, radio and TV channel give equal publicity (in terms of time and opportunity) coverage to the efforts of the different political parties. Thirdly, she has pointed out that it should be made clear to the law enforcement agencies and the armed forces that partisanship will not be tolerated -- not only with regard to detention of political activists but also in the recovery of unlicenced arms.

As Chief Adviser, the President has initiated some purging at the top -- a welcome step. However, this eradication of partisan influence has to be done on a comprehensive basis at the union level. The District Administration has been totally politicised and needs to be cleaned.

The President has to remember that he is not just a person. He is an institution which will continuously be under public scrutiny. He has to restore confidence and create the necessary environment for guaranteeing a constructive, free and fair electoral process. The Opposition as well as the people on the street will be watching. So will the rest of the world. The nation has given him a chance to be part of history. He along with his Advisers must seize this opportunity.

Muhammad Zamir is a former Secretary and Ambassador who can be reached at [email protected]