The above move, vehemently opposed by Awami League (AL)-led 14-party coalition and other political parties, excepting Bangladesh Nationalist Party (BNP), has thus led to the worsening of the political crisis further. The media reports suggest that the president is thinking to appoint one more election commissioner. In that case, Bangladesh will probably have the highest number of members in the Election Commission of the democratic countries in the world.

According to our constitution, the functions of the EC are: (a) holding elections to the office of the president; (b) holding elections of members of Parliament; (c) delimiting the constituencies for the purpose of elections to Parliament; and (d) preparing electoral rolls for the purpose of elections to the office of president and Parliament. The EC shall also perform such other functions as may be prescribed by the constitution or by any other law.

The EC has a full-fledged secretariat under it to render all assistance to execute the decisions and orders of the commission. Headed by a secretary, the EC secretariat has got one additional secretary, joint secretaries, deputy secretaries, assistant secretaries, research officers, public relation officer and necessary supporting staff. The EC secretariat has also field offices at the division, district and upazila (sub-district) levels headed respectively by the deputy election commissioners, district election officers, and upazila/ thana election officers.

What is important to note is that all executive authorities assist the EC in the discharge of it functions.

Now the question that has arisen is: do we need such a large EC to perform its assigned functions?

In order to answer this question, let us have a look at the composition of the ECs of some countries, including our neighbouring countries.

India is the largest democracy in the world. The superintendence, direction and control of the preparation of the electorate rolls for, and the conduct of, all elections to Parliament and to the Legislature of every state and of elections to the offices of president and vice-president are vested in the EC. Although the constitution of India has provided that the EC shall consist of the CEC and such number of other election commissioners, if any, as the president may from time to time fix, yet the EC of India originally had only a CEC. It currently consists of the CEC and two election commissioners. The concept of multi-member commission has been in operation since 1993, with decision making power by majority vote.

According to the constitution of Pakistan, for the purpose of election to both Houses of Majlis-e-Shoora (Parliament), Provincial Assemblies, and for election of such other public offices as may be specified by law or until such law is made by the Majlis-e-Shoora by order of the president, the EC shall consist of the CEC and four members, each of whom shall be a Judge of a High Court from each province appointed by the president after consultation with the chief justice of the High Court concerned and with the CEC.

According to the 17th amendment of the constitution of Sri Lanka, the election commissioners shall be appointed by the president on the recommendation of the Constitutional Council composed of the prime minister, the speaker, leader of the opposition in parliament, one person appointed by the president, five persons appointed by the president, on the nominations of both the prime minister, the leader of the opposition, one person nominated by the majority of the members of parliament belonging to political parties or independent groups other than the respective political parties or independent groups to which the prime minister or the leader of the opposition belong. The president shall appoint one of the five election commissioners as its chairperson.

The principle objective of the EC is to conduct presidential, parliamentary, and local elections and the holding of referendum in a free and fair manner.

The Australian Electoral Commission consists of the chairperson (who must be a judge or a retired judge of the Federal Court), the electoral commissioner (who performs the functions of the chief executive officer), and one part-time non-judicial member.

The Electoral Commission Act, 1996 of the Republic of South Africa provides that the commission shall consist of five members, one of whom shall be a judge, appointed by the president on the nomination by a committee of the National Assembly proportionately composed of all parties in the National Assembly and recommended by a majority members of the National Assembly. The objects of the commission are "to strengthen constitutional democracy and promote democratic electoral processes." The commission has been mandated to manage national, provincial and municipal elections and referendums.

The Federal Election commission of the US is an independent regulatory agency to administer and enforce campaign finance legislation. It describes its duties as "to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of presidential elections." The commission is made up of six members, who are appointed by the president and confirmed by the US Senate.

It thus appears from the above that big countries such as India and Australia have got Election Commission consisting of three commissioners including the chairperson. On the other hand, Bangladesh, a small country of 147,570 sq km, has got a large EC. This has been done purely on political whim without examining the requirement. The nation cannot afford to bear the costs of maintaining such a large EC. Tax-payers' money must not be unnecessarily spent. For Bangladesh, a three-member EC, including the CEC, would be enough to discharge its assigned responsibilities. Further, a six/seven-member EC is likely to create problems sometimes in the working of the EC. Available information suggests that the EC of Bangladesh had never before more than four commissioners, including the CEC.

Besides making the EC a three-member body, a mechanism has to be found out to appoint non-partisan and competent persons CEC and election commissioners. Making provision for the Constitutional Council, following the Sri Lankan model to the extent possible, in the constitution to regulate appointments in the constitutional bodies, including the EC, may well serve the purpose.

Further, it is equally important to free the EC secretariat from the control of the executive, particularly of the office of the prime minister. The EC must enjoy sufficient administrative, legal, and financial powers to work independently, as envisaged in the constitution. The next government(s) should take these points into consideration, failing which the crisis in the EC will continue to exist.

M Abdul Latif Mondal is a former Secretary to the Government.