Following the peaceful conclusion of the 13th national parliamentary election on Thursday—the first since the 2024 “Monsoon Revolution”—attention has now shifted to the transition of power.
While the election itself passed without major incident, the process of forming the next government presents a unique set of challenges, prompting questions among citizens about when and how the BNP-led government will formally assume office.
Under normal circumstances, the procedure is straightforward: the sitting Speaker administers the oath to newly elected Members of Parliament (MPs), after which the President invites the leader of the majority party to form a government for a five-year term.
This time, however, the process has been complicated by the student-led mass uprising that culminated in the ouster of former prime minister Sheikh Hasina on August 5, 2024, dramatically reshaping the political landscape.
With the 12th Parliament dissolved and the Speaker, along with most Awami League MPs, either in hiding or out of office, the traditional framework for administering the oath no longer applies. As a result, a new legal pathway is required.
All eyes are now on the President and constitutional experts to determine who will preside over the formation of the next administration.
Who will form the government?
The answer is constitutionally clear: the party or alliance that secures a majority in parliament.
According to unofficial results announced by the Election Commission (EC), the Bangladesh Nationalist Party (BNP) has crossed the threshold required to form a government, winning more than 150 seats.
However, uncertainty remains over the mechanics of power transfer and the timeline for completing the process.
When must MPs take the oath?
Under the Constitution, the formation of a new government begins with the swearing-in of newly elected MPs. This stage has also generated confusion.
While it is widely believed that MPs take oath within three days of the announcement of election results, unofficial results published by the EC do not carry legal finality.
Article 148 of the Constitution stipulates that election results must first be published in the official gazette. The oath must then be administered within three days of that publication. As a result, there may be a gap of several days between the announcement of unofficial results and gazette notification.
The press secretary to the chief adviser has indicated that the swearing-in of MPs is unlikely to extend beyond February 18. Speaking at a briefing on February 5, he said the transfer of power would take place “as quickly as possible,” potentially within three days—around February 15 or 16—and no later than February 17 or 18.
If all proceeds smoothly, the process of forming a new government could begin within six days of the election. Cabinet sources have also confirmed that the oath-taking ceremony will be held within a reasonable timeframe following the publication of the gazette.
Who will administer the oath?
Traditionally, the Speaker of Parliament administers the oath to newly elected MPs. However, following the 2024 uprising, parliament remains dissolved, the Speaker is reportedly in hiding, and the Deputy Speaker is currently in custody.
This has raised a critical constitutional question: who is authorised to administer the oath?
Law Adviser Asif Nazrul outlined two possible options under Article 148. Speaking on February 5, he said the interim government is keen to ensure a swift transfer of power.
One option, he noted, is for a person nominated by the President—potentially the Chief Justice—to administer the oath. If that does not occur, the responsibility would fall to the Chief Election Commissioner, though this would trigger a mandatory three-day waiting period.
The government, he said, is eager to avoid unnecessary delays and complete the swearing-in as soon as constitutionally possible.
Senior lawyer Manzill Morshed stressed that the process must strictly adhere to constitutional hierarchy to avoid legal complications.
However, eminent constitutional expert Shahdeen Malik questioned the need for presidential nomination when the Constitution already provides a fallback mechanism.
“Article 148(2A) clearly states that if, within three days of the publication of election results in the official Gazette, the constitutionally designated authority fails to administer the oath, the Chief Election Commissioner must do so within the next three days,” Shahdeen Malik told Dhaka Tribune.
“In that scenario, the CEC becomes the constitutionally specified authority,” he added.
Morshed, however, argued that where higher constitutional authorities are available, they should be prioritised.
“Those holding constitutional posts take oath before the President. That hierarchy must be maintained,” he said, adding that institutional order is critical in matters of state protocol.
He cautioned that if MPs are sworn in by the CEC while the Chief Justice remains in office, it could open the door to legal challenges.
“The Chief Justice administered the oath of the CEC. If MPs are sworn in by the CEC despite the availability of a higher constitutional authority, it may raise questions,” he said.
According to Morshed, there remains constitutional space to proceed without bypassing precedent. “If the Speaker or Deputy Speaker is unavailable, the Chief Justice can administer the oath,” he said, adding that the Chief Adviser has no role in this process.
He also noted that former Speaker Shirin Sharmin Chowdhury is reportedly still in Bangladesh and has not been formally removed from office, meaning she could technically administer the oath.
“If necessary, Deputy Speaker Shamsul Hoque Tuku, who is currently in custody, could also be released on parole or bail to conduct the swearing-in,” he suggested.
“Maintaining constitutional grade and order is crucial. A crisis would only arise if due legal process is not followed,” Morshed said.
He further argued that since this election did not strictly follow Article 123(3), the fallback provision of Article 148(2A) may not apply in this case.
How will the government be formed?
Once the oath-taking issue is resolved, the remaining steps follow a clear constitutional path.
The President invites the party or alliance that has secured an absolute majority—151 or more seats—to form the government. In practice, this means inviting the leader who commands the confidence of the majority in parliament.
Article 56 of the Constitution states: “The President shall appoint as Prime Minister the Member of Parliament who appears to him to command the support of the majority of the members of Parliament.”
Once the prime minister and cabinet members take oath, they immediately assume office and begin exercising executive authority.
Article 148 further clarifies that where an oath is required before assuming office, a person is deemed to have entered office immediately upon taking that oath.
Through this constitutional process, power is formally transferred from the outgoing administration to the newly formed government.
