Following the BNP’s request to initiate a dialogue, President Abdul Hamid can play a role in resolving the current political stalemate, despite having little constitutional powers.
Legal professionals said although the president plays a largely ceremonial role, he can still advise the prime minister on resolving the political deadlock.
After a meeting between the president and a delegation of the 18-party alliance led by Khaleda Zia on Tuesday, BNP spokesperson Mirza Fakhrul Islam Alamgir said the president told them of doing everything possible within the parameters of the constitution for ending the political impasse.
Article 48(3) of the constitution states: “In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister: Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court.”
Senior lawyer Barrister Rafique-Ul Huq told the Dhaka Tribune: “Though in the present constitution the president’s power is very limited, but he can play a role in resolving the deadlock as the guardian of the state.”
He said: “Awami League has already started forming an all-party polls-time government, while the BNP is still adamant for a non-party caretaker government. I do not think BNP will join in the government led by Prime Minister Sheikh Hasina.
“The premier had repeatedly claimed of working for the wellbeing of the citizens… So, if she resigns from the prime minister’s post, all the problems will come to an end,” Barrister Rafique said.
Akbar Ali Khan, former advisor to a caretaker government, told the Dhaka Tribune: “There is no constitutional complication for the president to facilitate the dialogue, when the two parties agree, to reach a compromise. I will be happy if he takes the initiative.”
Professor Borhan Uddin Khan, a teacher of law department at Dhaka University, told the Dhaka Tribune: “Within the constitutional framework, the president as the head of state can always talk with the premier urging her to sit for a dialogue to iron out a solution of the current gridlock for the sake of the people.