‘The Bangladesh Legal Practitioners and Bar Council (Amendment) Bill, 2021’ has been placed in the Parliament, with a provision allowing the government to form an ad-hoc committee with a maximum one-year tenure to arrange elections to the Bangladesh Bar Council amid unusual situations.
Law Minister Anisul Huq placed the bill in the House on Friday (September 3). It was sent to the respective parliamentary standing for further scrutiny.
The Cabinet on July 26 approved the bill, and later President Mohammad Abdul Hamid promulgated an ordinance in this regard on July 28.
The ordinance was promulgated as the Parliament was not in session at that time. As per the country’s Constitution, the ordinance was placed in the first sitting of the Parliament session for turning it into permanent law.
As per the ordinance, if the Bar Council elections can’t be held by May 31 after every three years, the government can form a 15-member ad-hoc committee for a maximum period of one year.
According to the Bangladesh Legal Practitioners and Bar Council Order, 1972, there was no alternative provision if the elections can’t be arranged in time due to any natural disaster. The 1972 ordinance says that elections to the Bangladesh Bar Council will be held before May 31 in the year in which the term of the council expires.
As per the new ordinance, if the elections can’t be held within the time due to a pandemic, epidemic, or for any other unavoidable circumstances, the government can form a 15-meber ad-hoc committee for a term not exceeding one year, and this term shall not be further extended. The attorney general will be chairman of the ad-hoc committee.
However, the government has already formed a 15-member ad-hoc committee of the Bangladesh Bar Council following issuance of the ordinance. The Legislative and Parliamentary Affairs Division of the Law, Justice and Parliamentary Affairs Ministry had issued a notification in this regard.
The ad-hoc committee was formed as the elections of the Bar Council could not be held in the stipulated period due to the Covid-19 situation.
The tenure of the ad-hoc committee will expire on June 30 in 2022 and it will hand over the power to the council’s new committee on July 1 in 2022 after holding the elections before or by May 31 in 2022.
