In the wake of the Awami League regime’s abrupt end, Bangladesh finds itself navigating uncharted political waters.
Sheikh Hasina resigned as prime minister and fled the country on Monday facing a mass uprising, and, in response to demands from political parties, President Mohammed Shahabuddin dissolved parliament the next day.
Besides, based on proposals from leaders of the student movement that ultimately brought about the end of the Hasina government, and political parties, the decision to form an interim government was made.
Following a proposal from the movement’s coordinators, Nobel laureate economist Dr Muhammad Yunus was finalized late on Tuesday as head of the interim government. The government will be formed once decisions regarding the other members are made.
However, the constitution in its current form does not have provisions for such a government; it only mentions elected governments.
Although there used to be provisions for a caretaker government as an alternative to an elected government, the Supreme Court declared it unconstitutional. Later, during the Awami League's 2009-14 term, the 15th amendment to the constitution in 2011 abolished the caretaker government provision.
Thus, questions have arisen about how it will be formed.
Meanwhile, experts have pointed out the precedent of the late Justice Shahabuddin Ahmed leading a temporary government and have argued that such a provision can be created in times of state crisis, but it would need constitutional validation in the future.
Why an interim govt?
With Hasina’s resignation, the Cabinet was dissolved. The president then dissolved parliament.
Right now, the constitutional framework necessary for governing the country is no longer in place.
As a result, political parties are urgently calling for the formation of an interim government.
At a press conference on Tuesday morning, BNP Secretary General Mirza Fakhrul Islam Alamgir urged the president to dissolve parliament and form an impartial interim government “by today without delay. Otherwise, the country might face a political vacuum again.”
Dr Yunus to lead interim govtLater that day, leaders of the student movement met with President Shahabuddin at Bangabhaban. During the meeting, Dr Yunus was finalized as head of the interim government. It was also decided that other members would be finalized after discussions with political parties.
When asked about this, the president's press secretary, Joynal Abedin, said once the issue of other members was resolved, the interim government would be formed.
What the constitution says
The current constitution does not mention any provision for an interim government. However, there used to be a similar provision known as a “caretaker government.”
The 13th amendment to the constitution of Bangladesh, which included provisions for a caretaker government to conduct general elections and transfer power impartially, was passed in 1996. This amendment added a new chapter, Chapter IIA: Non-Party Caretaker Government, in part IV of the constitution.
It included new articles 58A, 58B, 58C, 58D and 58E, detailing the appointment and tenure of a chief adviser and other advisers of a caretaker government.
This system was used to conduct three elections. However, following the Supreme Court's declaration of the caretaker government system as unconstitutional, the Awami League government abolished it through a constitutional amendment on June 30, 2011.
The Appellate Division's judgment declaring the caretaker government unconstitutional did mention that elections could be held under this system for the next two terms without involving the judiciary. However, not following this advice, the caretaker government system was entirely abolished through a constitutional amendment by the Awami League government just a month and a half later, on June 30, 2011.
Usually, the full verdict of such decisions is awaited before making final decisions, but this was not the case here. The full verdict abolishing the caretaker government was published on September 13, 2012.
According to the current constitution, national elections are to be held under the incumbent government after its term ends. This government will then transfer power to the winning political party or coalition.
However, the abrupt fall of the Awami League government without an election has created a situation where there is a demand for forming an interim government.
Since the constitution does not address this, it has created a legal complexity.
Prof Dr Asif Nazrul told this correspondent that in special times, actions might need to be taken for the country's and people's interest. Therefore, such a provision could be created, but it would need constitutional validity in the future, he added.
He also referenced the instance of Justice Shahabuddin Ahmed becoming head of a temporary government in 1991.
Notably, after the fall of military dictator Hussain Muhammad Ershad’s government on December 6, 1990, due to a mass uprising, an interim or temporary government was formed to conduct the fifth general election within three months.
At that time, based on consensus among all parties, including the Awami League and BNP, a temporary government was formed under then-Chief Justice Shahabuddin Ahmed.
Justice Shahabuddin was first made vice president, and then he served as the temporary president. This was given constitutional validity through the 11th amendment, passed in the fifth parliament, formed through elections involving all parties in 1991.
