The present crisis represents a politico-constitutional stand off. The ninth parliamentary elections are scheduled for January, 2007 with political alliances led by the Bangladesh Nationalist Party (BNP) and Awami League (AL) in the fray. The main issues include poor performance and mal-governance, rise of extremism and, most importantly, holding free and fair elections despite a deteriorating law and order situation in the country.

The last five years rule was plagued with disapproval by the liberals and moderates. Despite this handicap, the ruling alliance sought to strengthen itself and widen its electoral reach. The BNP and its two allies, Jamaat-e-Islami and Islami Oikya Jote, are likely to be joined by an entrenched political force, the Jatiya Party (JP) led by H.M. Ershad. This political alliance between ultra-rightists (Islamic Parties) and the BNP is of concern, as their political platform is anchored in an undemocratic military ethos. Worse, this political alliance might become strong enough to defeat the liberal democratic forces. On the other side, BNP dissidents like AKM Badrudozza Chowdhary (Bikalpa Parisad) and Deputy Speaker of Jatiya Sansad, along with some MPs of the newly formed Liberal Democratic Party have joined the 14 parties opposition led by the Awami League, which has enthused this new alliance of liberal democratic forces.

In this political milieu, the ruling party has sought to retain power by resorting to several undemocratic and non-partisan acts. This includes appointing two new election commissioners and changing the retirement age of judges so that KM Hasan (founder member of the BNP) could be the Chief Adviser to the caretaker government. The final tenure of the BNP-alliance was marked by chaos, breakdown of law and order, and widespread uncertainty.

The political crisis that dogged the country for the past several months continues with Justice Hasan declining to become the caretaker chief. With no consensus on his successor and in the absence of a common choice, the President declared himself as head of the caretaker government to resolve the crisis. This was a short-lived remedy, since a non-stop countrywide blockade was enforced by the Awami League led alliance amidst heightened tension; the deadline given to the president/chief adviser to implement the alliance's 11-point demands ended without his meeting their major demands.

The opposition and the people feel that the President's offer to be the head of the caretaker government overrides all legal questions. For example, there are five steps that need being taken before the President becomes the legal alternative. There are several retired judges that the President needs to consider. Out of respect for the highest constitutional authority, the people and opposition alliance have taken the President's initiative at its face value and accepted his willingness to assume office as chief of the caretaker government, knowing that the BNP would object to other incumbents being suggested from within the judiciary. The President also overrode the option available in the constitution which says "If no retired judge of the Appellate Division is available and willing to hold the office of Chief Advisor, the President shall, after consultation, as far as practicable, with major political parties, appoint a Chief Advisor from among citizens of Bangladesh who are qualified to be appointed as Advisors under this article". The constitution further states (article 58(C), clause 6): "If the provisions of clauses (3), (4) and (5) cannot be given effect to, the President shall assume the functions of the Chief Advisor..." So the President can only offer himself as the caretaker chief when all other options to form a caretaker government are exhausted.

Finally, the 14 party alliance led by Awami League has asked the caretaker government to reconstitute the Election Commission (EC), revise the voter list, and withdraw 300 politically appointed upazila election officers to create a level playing field before the coming elections. When this demand was not met, the opposition declared a non-stop countrywide blockade. The AL chief has also demanded the appointment of a new chief adviser if the President fails to discharge his duties as the interim government's head. There was country wide criticism of President's statement that the government has to function under a Presidential dispensation.

Given this backdrop, one can conclude that the caretaker government may not be able to hold the parliamentary elections on time. Second, the 14 party alliance may not contest the elections if their demands for free and fair elections are not ensured. Finally, the country may again be saddled with an 'unconstitutional government'.