Is Muhammad Yunus-led interim government unconstitutional? What Bangladesh’s charter, court rulings say
After Sheikh Hasina leaves office in 2024, the president sought an opinion from the Supreme Court under Article 106, which allows the appointment of advisors and not the interim rule. An in-depth look at Bangladesh’s constitutional vacuum and legal legitimacy debate.
Muhammad Yunus, Chief Advisor, Interim Government, Bangladesh
Is the interim government led by Muhammad Yunus in Bangladesh illegal? Is this a means for unelected people to seize power after the elected government is overthrown and the popular prime minister is forced to flee the country? What are the legal and constitutional provisions for an interim government in this South Asian country?
There is no provision in the 1972 Bangladesh Constitution for the formation of an interim government in case the elected government falls, collapses or resigns. The concept of an interim government or a government composed of unelected and elected people does not exist at all. The constitution only contains provisions regarding an elected government and its position after the dissolution of the parliament.
Interim Government Bangladesh
According to Article 123(3)(b) of the Bangladesh government, elections must be held within 90 days after the dissolution of the parliament. However, there is a regulation for the establishment of an interim government. With the 13th Amendment of the Constitution made in 1996, Chapter IIA was introduced, which provides for the establishment of a “Partyless Caretaker Government” in order to hold general elections. Articles 58A, 58B, 58C, 58D and 58E have been added, which provide details on the appointment, term and functions of an interim government to oversee elections. According to Article 58B of the constitutional amendment in question, an interim government must be appointed within 15 days from the dissolution of the parliament.
(Bangladesh Parliament.)
Constitution of Bangladesh interim government
Constitutional Amendment 15 removed provisions regarding caretaker government. Repeals the provisions under Part IIA and Articles 58A-58E. As a result, the constitution no longer recognizes them in elections. However, the Supreme Court and the Supreme Court’s Appellate Division overturned the repeal of the 15th Amendment and reestablished the interim government system. But this had a prospective effect, meaning it would apply to future elections, not upcoming ones.
Article 106 of the Bangladesh Constitution was announced
According to Article 106 of the Constitution, the President may obtain the advisory opinion of the Supreme Court before taking action on legal matters of public concern. After Sheikh Hasina was forced to flee the country on August 5, 2024, President Muhammad Shahabuddin sent a reference to the Appellate Division of the Supreme Court. He formed an interim government after the high court gave him permission. However, the court allowed him to appoint advisors instead of an interim government.
(Sheikh Mujibur Rahman was declared president before Bangladesh was born.)
Since Article 106 does not create or define an interim government, but only allows legal issues to be referred to the Supreme Court, the president may appoint an advisor to assist him, but not to form a government. Thus, since there is no interim government, Muhammed Yunus and other advisors can assist the president, not the interim government. There is no presidential regime in Bangladesh. Whom do Yunus and the others advise?
Sheikh Mujibur Rahman was declared the country’s first president while Bangladesh was still a part of Pakistan. However, the country adopted the parliamentary form of government in 1972, the first general elections were held, and Bangabandhu, as he was called, became the first prime minister of Bangladesh. There is a government parliament where the president has ceremonial powers, as in India.
