As the Election Commission is preparing to announce the schedule for the national polls in late October, speculations are rife in political quarters over a polls-time administration.
The ruling party has already said that a polls-time smaller cabinet will be formed in October, when the countdown for the parliamentary election kicks-off.
According to the existing constitution, election for the 11th parliament must be held within 90 days of the expiry of the 10th parliament. Accordingly, the next general election will be held between Oct 30 and Jan 28.
Before the 2014 election, Prime Minister Sheikh Hasina went for a smaller cabinet, which refrained from taking any major policy and only went for routine tasks.
However, the constitution does not have any provisions for polls-time smaller government.
According to Section 57 (3), the prime minister will hold office until a successor enters upon office.
And Section 58 (4) says, “If the Prime Minister resigns from or ceases to hold office each of the other Ministers shall be deemed also to have resigned from office but shall, subject to the provisions of this Chapter, continue to hold office until his successor has entered upon office.”
Section 126 addresses the issue of assisting the Election Commission. “It shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions,” it reads.
“The Constitution does not stipulate an election-time government. It’s not an obligation. The concept of a polls-time administration, which is being referred now, is not a true interpretation of the Constitution,” said Shafiq Ahmed, a lawyer by training and a member of the Awami League’s Advisors Council.
The same government will serve during the election, he said.
“The Constitution empowers the Election Commission to hold the election. The government will not administer the polls, it will assist the commission. It’s bound to do so in line with the Constitution,” said Ahmed, who served as the law minister in the 2009-14 Hasina administration.
Ruling Awami League’s Legal Affairs Secretary SM Rezaul Karim said, “There’s nothing called a polls-time government in the Constitution. So, a smaller cabinet is not a legal or constitutional obligation. But the prime minister can do it, if he or she wants.
Legal expert Shahdeen Malik echoed. “There’s no constitutional provision for an election-time administration. The incumbent government will remain in office. The administration can refrain from doing certain things during that time, but that too is not mandatory by the constitution.”

The government however has made it clear that a polls-time administration will not take any major policy or decision and its only task is to do routine work or take the ongoing work forward.
“It’s not a constitutional obligation, but since the prime minister believes in democracy, she will not take any policy level decisions. And she does not believe in wasting the state’s money, so a smaller cabinet will be formed,” Law Minister Anisul Huq told Bangla Tribune.