According to 'The Daily Star' report this adviser came down heavily on some political parties for setting a deadline for the advisers to prove their neutrality and keeping their activities under watch. One would not be wrong to say that this adviser has perhaps forgotten that he is no longer positioned in a sacrosanct pedestal and that his present assignment is of a predominantly executive nature and thus subjected to full public comments and criticisms. Interestingly, this gentleman is perhaps oblivious of the fact that the 14-party combine has publicly stated that hey would watch the activities of the President-cum-chief adviser to be sure of the latter's neutrality and that the President's office did not take any adverse note of the apparently unpalatable comment.

It would not be an exaggeration to say that all around we are witnessing a comical situation of a disturbing nature. The outgoing Prime Minister in her last public speech undiplomatically cautioned her adversaries that they would have to abide by the President's directives as she and her party stand ready to do so. The suspicion is, did the former Prime Minister have a foreknowledge that the President was set to assume charges of the office of the Chief Adviser in addition to his own onerous assignment under the Caretaker dispensation? The BNP secretary general has already certified to the efficiency and neutrality of the council of advisers and has advised everybody to render assistance to them even before the latter body has started to work. Is it because his adversaries want to watch the activities of the council and would not give a clean chit as of now? So, the scenario is that while one side of the political divide testifies to the acceptability of the council of advisers, the other side would like to reserve its judgment.

Another dimension of the amusing scenario surrounding the formation of the council of advisers is the appointment of three distinguished women. The cynics say that, this is a giant leap forward for the women's lib in this country. The innuendo and sarcasm apart, the question is what purpose would be served by such apparently progressive steps towards women's empowerment? A credible suspicion is that this has been done to forestall the induction of people who have the reputation of being administratively efficient and tough-talking. Readers may recollect the demonstration of a women's activist group in front of Bangobhavan clamouring for one-third portfolios in the council of advisers hours before the swearing in ceremony. One would surely appreciate the admirable gender sensitivity and equal opportunity employer credentials of Bangabhavan. Our future political masters would definitely feel encouraged to take a cue from such bold venture.

The above discussion brings us to the core question of the functions of non-party caretaker government. Article 58D of the Constitution of the People's Republic of Bangladesh reads.

"(1) The non-party caretaker Government shall discharge its functions as an interim government and shall carry on the routine functions of such government with the aid and assistance of persons in the services of the Republic; and except in the case of necessity for the discharge of such functions it shall not make any policy decision.

(2) The non-party caretaker Government shall give to the Election Commission all possible aid and assistance that may be required for holding the general election of members of Parliament peacefully, fairly and impartially."

From the above, it follows that the caretaker government enjoying a 90 days lease has a very limited function relating principally to the holding of a peaceful, fair and impartial election. Venturing into the specifics of election related management where the preeminence of peace, fairness and impartiality has been constitutionally emphasised, it is only natural that the regulatory outfit of law enforcement including the armed forces personnel, the general administration including the subordinate magistracy and part of the substantive judiciary are the focussed group in the business of conducting the national polls. Admittedly, others are in a supportive role. Therefore, much need not be read into the allocation of portfolios of the advisers.

Professor Iajuddin will hold the Chief Adviser's office, Armed Forces Division, Cabinet Division, Election Commission Secretariat, NGO Affairs Bureau, Defence Ministry, Establishment Ministry, Bangladesh Public Service Commission and Ministries of Foreign Affairs, Home Affairs and Education. Going by the book, it would appear that the President-cum-Chief Adviser is the all-powerful person insofar as the substantive function of the conduction of national election is concerned. Practically speaking, he has to largely depend upon the services of the Republic, meaning the Secretaries of important ministries under him who in turn would be guided by some advisers.

Coming to the specifics, the matters relating to postings and transfers of key executive and field personnel of the enforcement apparatus, the district level officers who would act as returning officers amongst others, the maintenance of law and order specially involving recovery of unauthorised firearms and preventive arrests of troublemakers would be done through committees headed by specific advisers. It would be interestingly relevant to see how such committees are formed and how they function.

The enormity and complexity of the job of the present council of advisers could hardly be over-emphasised. In fact, Major General (Retd) Moinul Hossain Choudhury, former adviser, has already commented upon the improper modality of selection of advisers. Much, however, would depend upon the actual performance of the council of advisers as very admirably and forthrightly pointed out by Lt. General (Retd) Hasan Mashud Chowdhury in his first reaction to waiting newsmen after the swearing-in ceremony.

Acting forthrightly without fear or favour, however, would be an uphill task in our perilously polarised polity. A cursory look at the 11-point demand made by the 14-party combine would bear testimony to that. Even partial fulfilment of those demands is likely to cause acrimonious deliberations. Matters relating to the correction of voters list as directed by the apex Court and the reconstitution of the Election Commission are very substantive matters which, if left unresolved, could invalidate the entire process of election. Utterances in supposedly responsible quarters do not raise much hope about a tolerably amicable solution. Fears are compounded as buffoonery in high positions is not condemned and cranky behaviour not subjected to appropriate chastisement.

Article 58B clause(2) of the constitution of the People's Republic of Bangladesh says "The Non-party caretaker Government shall be collectively responsible to the President".

Clause (3) of the same article says "The executive power of the Republic shall, ....... be exercised, subject to the provisions of article 58D(1), in accordance with this constitution, by or on the authority of the Chief Adviser and shall be exercised by him in accordance with the advice of the Non-Party Caretaker Government".

From the above, it would appear that our President is now perhaps uncomfortably wearing two hats. He is head of the government and head of the State. He is the functioning executive and also the superintending authority. In other words, he is answerable to himself only, a not very tenable position from the point of view of the conduction of State affairs. How we landed in this rigmarole may not be satisfactorily explained but as of now it is a fact that the nation has to live with. Concerned observers agree that the assumption of the office of Chief Adviser by the President may not strictly be illegal but is definitely an irregular feat in the face of objective situation. In such a process, there are chances of stumbling as few necessary steps have not been taken before resorting to ultimate action. The future course of events will testify to the veracity of such a premonition.

We have to reconcile with the reality that the caretaker system is a scathing indictment on the unreliability of our political classes and the responsibility, it appears, now devolves on the much-maligned bureaucracy to lift the nation out of the all-encompassing morass. Morbidity and mordant behaviour will only paralyse the nation. Therefore, our conscientious mandarins, of the present and the yesteryears, howsoever small they may be in numbers, in their responsibilities as appointed representatives of our society need to rise to the occasion and sustain our fledgling democracy.

Muhammad Nurul Huda is a former Secretary and IGP.