Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Tuesday, January 22, 2019 01:39:39 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Commentary

Political legitimacy to be resolved politically: No easy escape

By MAINUL HOSEIN
21st-Jun-2014       
Comments
Share your thought
Post a comment »
Read all () »

This time the government of Awami League has done the most daring thing by disenfranchising the whole nation to claim itself to be the elected government of the people.No political dispute should be taken to the judiciary for an easy solution. It is no good asking the judiciary to solve a political problem which the politicians should solve.Rightly no opposition political party, including the major opposition party did not choose to take the issue to the court seeking any finding or observation. No senior lawyer also did take any such case thinking it is not right for the judiciary to get involved in this nasty political controversy.  This is the second time such an embarrassing situation was created for the judiciary. The first time when it was urged to decide the rightness of politically decided issue of election time caretaker government which led to the complication of no election last January.This Thursday, it appears that their Lordships of a Division Bench of the High Court Division found themselves observing that the uncontested election of 154 candidates cannot be constitutionally questioned.We have to say that we do not yet know the exact language of the observation in this regard. The full text of their Lordships judgement will take time to be available. But in substance that seems to be a conclusion reached in a case challenging the constitutionality of Rule 19 of the Representatives of People's Order by which a person can be declared elected if uncontested. That is the universal position in an individual election contest. But it has to be different when persons in hundreds can be called elected without the voters' participation altogether.The words of the Constitution may not be enough, the interpretation may vary—it being a highly political question of legitimacy of the government. In the absence of public support as is expressed through votes no government will be recognized, within or outside the country, as having the popular mandate or legitimacy to govern. Circumstances may compel even an illegitimate government to continue in power and others may not have no choice but to deal with it. But political legitimacy has to be politically seen to be established. There is no easy escape from it. When we talk of acceptability of a national election we are talking of the right of the whole nation and not of any political party or leader.It is to be made clear that the conclusion reached by a Division Bench of the High Court Division is not final if the petitioner goes before the Appellate Division of the Supreme Court by way of appeal.So, our discussion has to be in very general terms involving the broad principles showing due regard to their Lordships and the people's interest aroused. The broad distinction we are making by saying that a political question has to be decided politically. The judiciary should be shielded against such political controversies.The serious constitutional issue is if a few can get away with denying the voters the right to participation in the government and can still be said that the basic democratic structure of the Constitution has not been infringed and hence not  unconstitutional.There is no way that the political controversy over the last general election can be resolved other than through political ways.The present crisis concerns the people's sovereignty. It cannot be accepted that the country belongs to the people but only a few can make the voting power of the whole people nugatory by engineering voter less elections. If 154 can be elected without voters' participation then the next time under a different situation all the seats of the Parliament shall be arranged to be filled uncontested. We shall have the election engineers and not the Election Commission for declaring election results of voter less election.The nation is being asked to live with the brutal contradiction in which the country belongs to the people but the government is owned by the few to serve the few. Such a terrible imbalance amidst the nation has made our future not only uncertain but filled with imperilments. The saddest aspect is that in the country that was freed by the people's blood and tear, how a few can be found easily ready to give up their beliefs and principles only to advance their small personal interest when it is pitted against larger national interest.Surely, the nation is going through a dark period of the crisis of conscience.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

The miseries of River Karnafuli must end


WITH alleged support from a section of officials, the encroachment of Karnafuli banks is still rampant by some powerful quarters flouting the High Court order.  Quoting investigation report done by the National River Conservation Commission (NRCC), the media yesterday reported that none of the 2,181 illegal structures has been removed ...

Cricket »

David Warner to undergo surgery on injured elbow


Banned former Australian vice-captain David Warner is expected to undergo minor surgery on his elbow Tuesday after returning home from the Bangladesh Premier League with an injury.Warner, alongside former skipper Steve Smith and batsman Cameron Bancroft, was suspended from international cricket over a ball-tampering scandal during a Test match in ...

Entertainment »

Will Kareena contest Lok Sabha Election 2019?


Kareena’s name has been proposed by two Congress leaders, Guddu Chouhan and Anas Khan, as a possible candidate for Bhopal parliamentary seat where the grand old party has not tasted success since 1984. Local leaders of the Congress in Madhya Pradesh’s Bhopal have demanded Bollywood actress Kareena Kapoor Khan be ...

Football »

Tuchel draws best out of me at PSG:Neymar


Neymar says his strong bond with Paris Saint-Germain coach Thomas Tuchel inspires the Brazilian forward to give his "life on the pitch", as the French giants gear up for a trip to Manchester United in the Champions League next month.Neymar, the world's most expensive player, scored twice in Saturday's record ...

International »

May to unveil new Brexit strategy


AFP :British Prime Minister Theresa May unveils her Brexit "Plan B" to parliament on Monday after MPs shredded her EU divorce deal, deepening the political gridlock 10 weeks from departure day.Britain will crash out of the European Union on March 29 unless MPs can force a delay or come up ...

Entertainment »

Munmun, Achol`s movie Ragi


Sheikh Arif Bulbon :Last week shooting of Mizanur Rahman Mizan directed movie Ragi again started at BFDC in the capital’s Karwanbazar area. In the middle days, its shooting was stopped. This time Achol has been attached with the movie. After Achol’s engagement in Ragi, its shooting got momentum. In the ...

Sports »

Ko, Ji charge to LPGA lead with Henderson one back


New Zealand's Lydia Ko and South Korea's Ji Eun-hee each fired a five-under par 66 to share the lead after Saturday's third round of the LPGA Tournament of Champions.Ko and Ji charged into contention by going low on the front side and parring their way home to stand on 13-under ...

Football »

Salah fires Liverpool seven points clear, Arsenal rock Chelsea


Liverpool moved seven points clear at the top of the Premier League as Mohamed Salah's double inspired a dramatic 4-3 victory over Crystal Palace, while Arsenal ignited their top-four bid by beating Chelsea on Saturday.With second-placed Manchester City travelling to bottom-of-the-table Huddersfield on Sunday, Liverpool seized the chance to tighten ...

City »

Prime Minister Sheikh Hasina being greeted by Home Minister, secretary and IGP during her visit to the Home Ministry yesterday.


International »

Trump offers 3-year protection for immigrants in exchange for border wall


The Washington Post :President Donald Trump on Saturday offered Democrats three years of deportation protections for some immigrants in exchange for $5.7 billion in border wall funding, a proposal immediately rejected by Democrats and derided by conservatives as amnesty.Aiming to end the 29-day partial government shutdown, Trump outlined his plan ...

Cricket »

Rangpur Riders beat Sylhet Sixers


Sports Reporter :Rangpur Riders beat Sylhet Sixers by four wickets in their match of the UCB 6th Bangladesh Premier League (BPL) T20 cricket at Sylhet International Cricket Stadium on Saturday.Chasing Sylhet's fighting total of 194 for the loss of four wickets in 20 overs, Rangpur Riders reached the winning target ...

Sports »

Virat Kohli attends Australian Open, posts picture with Roger Federer


The Indian team completed its most successful campaign Down Under as they won the Test and ODI series comfortably. After close to two months of energy-sapping cricket, skipper Virat Kohli along with wife Anushka Sharma looked in a relaxed mood and attended day six of the Australian Open in Melbourne ...

Entertainment »

Alia , Madhuri Nene on the set of Kalank


Alia Bhatt, Varun Dhawan, Madhuri Dixit Nene, Aditya Roy Kapur, Sanjay Dutt and Sonakshi Sinha star together in Kalank. Dharma Productions' next, Kalank, is being directed by Abhishek Varman. The film's shooting is currently on and Varun Dhawan wrapped up shooting for his part of the film just yesterday. However, ...

International »

Afghan Taliban reject talks with US in Pakistan


Reuters, Peshawar :The Afghan Taliban rejected reports in the Pakistani media that they were prepared to resume meetings with U.S. special envoy Zalmay Khalilzad in Islamabad and repeated their refusal to deal directly with the Afghan government.Pakistani newspapers and television stations reported that a meeting in Islamabad was in prospect ...

Editorial »

Bravery and courage of a Bangladeshi expatriate


FOR bravery and courage, a Bangladeshi expatriate has been honoured as he saved the life of a three-year-old boy in UAE. Bangladeshi expatriate Farouk, who works as a welder in Ajman of UAE, rescued the child thrown from the balcony of a burning apartment by his mother.Bangladeshi community in the ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news