All appointments and promotions of officers under the secretariat used to be made by the chief election commissioner. The government had no say whatsoever in any matters connected therewith.

In matters of appointment and promotion, the chief election commissioner was guided by the provisions contained in the rules framed by it, pursuant to the authority delegated to it under Article 154 of the Constitution promulgated in 1962. The decision of the Bangladesh government was that the former central government servants would enjoy the same status, and would continue to be governed by the same rules as were applicable to them before liberation.

The status and terms and conditions of service of the officers of the secretariat of the commission, constituted with the nucleus of the Provincial Election Commission of erstwhile East Pakistan, were thus fully protected by this general order of the Bangladesh government.

After liberation, the officers of the secretariat of the commission continued to be governed by the said rules with necessary changes. Despite this fact, a group within the government was actively trying to close it down on the plea that the Constitution of the People's Republic of Bangladesh did not provide for creation of an independent secretariat by the Election Commission.

To support this contention, they referred to the provision under Article 120 of the Constitution, which says that the president shall, when so requested by the commission, make available to it such staff as may be necessary for the discharge of its functions.

The staff referred to under Article 120 of the Constitution obviously means the casual and temporary staff drafted by the commission on the eve of each general or by-election, to act as returning officers, assistant returning officers, presiding officers, assistant presiding officers and polling officers during the polls, and not the permanent officers of the Election Commission secretariat.

In spite of this fact, an order was passed by a very powerful joint secretary of the Establishment Division to vacate the government accommodation under the occupation of the Election Commission Secretariat, without giving due notice, to make room for another organisation much less important than the Election Commission and its secretariat.

Consequently, the commission approached Dr. Kamal Hossain, the then law minister of the Bangladesh government, for help. He at once made a phone call to the joint secretary and told him not to disturb the EC Secretariat till an alternative accommodation could be found. This jolt was soon followed by another, more serious in nature.

The Ministry of Finance and the Establishment Division questioned the functioning of the commission's secretariat as a ministry. They refused, at one stage, to entertain any proposal direct from the commission's secretariat and advised it to send its proposal to them through the parliamentary affairs division, treating the EC as an attached department of that division.

The EC, for valid reasons, did not succumb to this illegal and unreasonable pressure for curtailing the independence granted to it by the law of the land. The newly appointed chief election commissioner, Justice Mohammad Idrees, accompanied by his veteran deputy secretary, Mr. Shamsuddin Ahmed, saw the then prime minister Bangabandhu Sheikh Mujibur Rahman and apprised him of the difficulties created for the Election Commission by the Finance Ministry and the Establishment Division, and requested an early solution to enable him to discharge his constitutional obligation.

After giving a patient hearing, the then prime minister passed an instant order that the EC secretariat shall continue to enjoy the status granted to it by the former central government, and correspond directly with all ministries and divisions.

He also asked his secretary to send copies of that order to all ministries and divisions for information and guidance. The status and privileges of the secretariat were, thus, protected by the prime minister of the country.

The EC secretariat enjoyed full and complete independence, and other privileges, with the status of a ministry during the period 1956 to March 1981. But the final and decisive blow to its independence came during the autocratic regime established by overthrowing the elected and democratic government of Justice Abdus Sattar.

This autocratic regime, soon after assuming power, constituted a committee for the purpose of reorganizing the administrative set-up of the country. This committee, in the name of bringing the officers of the EC secretariat into the mainstream of the cadre service, recommended its placement as a division under the president.

Consequently, the Commission's secretariat lost the independence enjoyed by it over a period of long 17 years (1956 to 1981) and became subservient to the government. The illogical and abrupt change in the independent status of the secretariat has affected the independence of the Commission very adversely, to the detriment of free, fair and impartial elections.

The arrangement made on the recommendation of the Enam committee deprived the Election Commission of the authority that it used to exercise over its secretariat since its inception in 1956. The Commission was virtually reduced to the position of a lame duck by the said arrangement.

Having been fully convinced of the ill effects of the continuance of the EC secretariat under the prime minister, the lovers of democracy and the promoters of free, fair and impartial elections have been shouting themselves hoarse for long for separation of the EC secretariat from the prime minister's control so as to bring it back to its previous position. The caretaker government is yet to respond to this popular and genuine demand positively and favourably.

The observation of the chief election commissioner, made on April 26 while exchanging views with the leaders of the civil society organisations in the NEC conference room, was a clear manifestation of some confusion even within the commission itself as to the method of separation of its secretariat from the prime minister's secretariat.

The chief election commissioner was, perhaps, of the view that separation would not be possible without amending the Constitution, which was beyond the ambit of the caretaker government. This perception seems to be incorrect. It shall not call for amendment of the Constitution, because, the commission secretariat was tagged to the prime minister's secretariat not by amending the Constitution but by amending the rules of business through an administrative order issued by the cabinet division.

The caretaker government is, therefore, fully competent to separate at any time the EC secretariat from the prime minister's secretariat, and replace the same under the administrative control of the EC.

The caretaker government has by this time taken a number of measures to promote the cause of democracy, as well as for holding a free, fair and impartial election. The lovers and the promoters of pure democracy, therefore, expect that the caretaker government, in the interest of a free, fair and impartial election, shall rise to the occasion and take immediate measures to free the EC secretariat from the influence of the government without further loss of time. This will undoubtedly be a great service to the cause of democracy.

The author is the Executive Director of FEMA and held the post of the Deputy Secretary (Elections) in the Election Commission from 1979 to 1992. The contents of this article represent his personal views and have no bearing whatsoever with his official position