The Presidency in Bangladesh

Published in The Dhaka Courier, April 24, 2009

The President of Bangladesh is in the public perception a titular head of state, elected by the party in power in parliament to carry out the decisions of the Prime Minister. However the events preceding and succeeding 1/11 and the role that President Iajuddin played or did not play makes it imperative to focus on this important institution of the government.

That role is coming under critical attention from a number of quarters; interestingly from both sides of the political divide. Former BNP Minister Moudud Ahmed is talking about this period as forcefully as the former AL Minister Mohiuddin Khan Alamgir. They both are arguing against the emergency to pinpoint responsibility upon the former Chief Adviser Dr. Fakhruddin and the army leaders of the caretaker government for the humungous violations of human civil rights during emergency rule.

In their strong and may I add legitimate feelings, the former Ministers have not focused on two facts. First, that politics before 1/11 had been vitiated in a manner that merely provided an excuse for the real architects of the emergency, the army and army intelligence, to usher the emergency for which the politicians must bear more than a fair share of responsibility. Second that the President of the country allowed himself to be dictated to act against the oath he took upon assuming office to defend the Constitution. At first, the President acted as a puppet of the BNP that put him in office. The manner in which he allowed himself to be manipulated by the BNP made politics of the period appear surreal; like a drama that the people were witnessing in a nightmare. Under their influence, he assumed the role of the Chief Adviser and for a period became a puppet at the hands of the Hawa Bhavan. The story of his Press Secretary keeping his mobile open in meetings of the Council of Advisers so that the proceedings could be heard at the Hawa Bhavan has been written in the media that prompted the President, instead of sacking his Press Secretary, to elevate him to the rank of an Adviser on "advice" of the Hawa Bhavan!

It did not need a crystal ball to predict that the President's inability to act independently and even without the basic common sense would lead the army top brass and its intelligence to put together a plan (call it a conspiracy if you like) where they would eventually move on the President. They did exactly that and forced him to declare emergency just a month before the 90 days limit that the Constitution has set clearly and unequivocally as the term for the Caretaker Government. Like a puppet two times over, the President surrendered himself to the whims and dictates of the army without even a murmur where a civilian façade was given by Dr. Fakhruddin for purposes of meeting any possible opposition at home and abroad. The rest is history, some of it revealed by the present army chief in a book he recently wrote of these events. It is a mystery how a sitting army general can write about contemporary politics, some of which is controversial in which he played the key role.

Unfortunately, the authors of the Bangladesh Constitution were more concerned in restricting the powers of the President than giving him any. Articles 48 to 53 are devoted to the President but most of it sets out the restrictions of his power; his impeachment and removal. The Constitution, however, does not make the President a puppet at the hands of the Prime Minister in case the former wishes to show character. The Constitution requires the Prime Minister under Article under 45 (5) to keep the President informed on matters of domestic and foreign policy. The same article also gives the President the right to request the Prime Minister to submit for Cabinet's consideration on any matter of domestic and foreign policy. Thus, though the spirit of the Constitution does not give the President independent powers, there is enough leverage constitutionally for the President not to submit himself to become a puppet in the hands of the Prime Minister.

In times of crisis, when politics is fluid and national identity is at crisis, the President can use the constitution in his favour for the country without letting politics go into the hands of extra-constitutional forces such as the army or introducing emergency by abrogating the constitution and suspending fundamental rights. The Presidency under the present constitution really emerges as a powerful institution during the period of caretaker government when, without a parliament and a Prime Minister, his powers are immense. It was just such a situation that had befallen former President Iajuddin when he could have played a momentous role. Instead, he chose to be a puppet and has ended creating a constitutional mess for which the elected government is now facing a challenging task to bring constitutional governance on rails. In doing so, they were also forced at one time considering whether President should face legal proceedings for his actions, a move that seems to have fallen by the way side due to development of other pressing matters in our politics.

The Iajuddin Presidency has left a very bad precedent. Therefore the nation welcomed the election of the incumbent President to the post. He is a veteran and tested politician. During his party's bad days, with the party leader incarcerated, he remained steadfast both to his leader and democracy by not wilting to the pressures of the military and their intelligence. The nation therefore expects that he would bring the Presidency back from the threshold into which the former President, threatened by the extra-constitutional forces, had pushed it.

The nation's expectations notwithstanding, President Zillur Rahman made a disappointing start. Before entering office, he told the nation in an interview on a TV channel that his "Netri" cannot do anything wrong when asked if he would advise the Prime Minister when he thought she was taking an incorrect decision. In the same interview, when the interviewer asked him about his reaction to the August 22nd bombing incident in which his wife was brutally killed, his answer was he wants to be with his "Netri" to protect her from conspiracies against her life. The President must have forgotten about the high status of the office he was about to enter from where his personal desires must be subordinate to the demands of his office.

Bangladesh's politics is weak. Institutions that sustain democracy are weaker. Hence there is an urgent need to strengthen the institutions. The PMO and the President's Office are crucial institutions in this process that should be complimenting each other without one needing to subordinate the other. In the present context, the PM is riding a massive mandate where the thought of the President interfering in her exercise of executive authority is not relevant. This notwithstanding, President Zillur Rahman can play a very positive role in an advisory capacity given the status of his office, his advanced age and reputation as a politician. He can also use his wisdom to help bring the ruling party and the opposition to work together for making the parliament function. In the event of a political crisis that is not at all uncommon in Bangladesh, the presidency can become a nation's savior if the president is a worthy one. He could have for example played a significant role in the BDR mutiny but his presence was visible only in the form of a condolence message that came out after the macabre event was over.

The nation does not expect President Zillur Rahman to follow the inglorious footsteps of his predecessor whose inability and lack of character had pushed Bangladesh to the brink. There is enough space within the bounds and spirit of the Constitution for both the office of the Prime Minister and the President to grow as complimentary institutions for the good of democracy and Bangladesh.