Experts Criticise Cabinet Division’s Move to Block EC Reform Proposal

Election experts say the Cabinet Division’s decision to reject a draft law aimed at empowering the Election Commission (EC) to appoint its own secretary and senior officials undermines the reform process and weakens the institution’s independence.

The move contradicts key recommendations of the Electoral Reform Commission (ERC), which earlier this year advised granting the EC greater administrative and operational autonomy in order to strengthen its role ahead of the upcoming national polls.

The Proposal at a Glance

The EC recently submitted the Election Commission Secretariat (Amendment) Ordinance-2025 through the law ministry, seeking Cabinet approval. The ordinance proposed creating a dedicated “Election Commission Service,” which would allow the commission to recruit and promote its own staff, including top posts such as secretary, additional secretary, and joint secretary.

Under the existing EC Secretariat Act of 2009, most senior positions are filled by officials deputed from the administration or judicial cadres. At present, the EC secretary and at least 10 other mid-level posts are occupied by officers on loan from other government services, according to commission sources.

Why the Proposal Was Rejected

At its meeting on August 19, the Cabinet Division’s Inter-Ministerial Committee on Draft Laws turned down the proposal, saying the creation of a new service falls under the mandate of the public administration ministry as outlined in the government’s Rules of Business.

The same committee decides which draft ordinances should be forwarded to the Advisory Council for consideration.

Pushback From Experts

Electoral reform advocates sharply criticised the rejection.

“There is no justification for blocking reform initiatives by hiding behind the Rules of Business,” said Badiul Alam Majumdar, head of the ERC. “Reform means change — either introducing something new or improving the existing framework. Refusing reform simply maintains the status quo.”

Former EC additional secretary Jesmin Tuli echoed the view, saying, “If the Election Commission is to function as a truly independent body, it must have its own professional service. An officer trained to obey ministries cannot suddenly act independently in a constitutional institution.”

EC officials argue that, as a constitutional entity, the commission does not fall under the jurisdiction of the public administration ministry.

Historical Context and Internal Debate

Until 2007, the EC Secretariat operated under the Prime Minister’s Office. The 2009 caretaker government later placed it directly under the EC. However, provisions allowing officials from the administration cadre to occupy senior posts were retained, which many inside the commission now see as a serious limitation.

Some former EC secretaries, however, disagreed, suggesting that simply blaming deputed officers was unfair. “The real issue lies in how successive governments pressure officers during elections,” one former EC secretary said anonymously.

Currently, EC officials usually act as Returning Officers in local elections, while parliamentary election duties are typically assigned to deputy and divisional commissioners — all from the admin cadre. EC insiders have long opposed this practice.

On August 30, the Upazila Election Officers’ Association demanded that the government approve the EC Service by September 15, warning that otherwise, the credibility of the next parliamentary election could be at risk.

Dispute Over NID Database

The draft ordinance also proposed giving the EC Secretariat authority to manage the National Identity Card (NID) database. However, the Cabinet Division committee rejected this, citing ERC recommendations for establishing a separate statutory body for the NID system.

EC officials described this as inconsistent. “The committee ignored ERC advice on creating the EC Service, but cited ERC recommendations while blocking the NID proposal. That is a double standard,” a deputy secretary of the EC commented.