Dhaka: Following general elections, Bangladesh is faced with a strange constitutional moment where the results are out but the institutional set-up required to install a new government is absent. The country has no sitting parliament and a speaker. It has created confusion about how the formal transfer of power will begin and who will administer the oath of office to the prime minister.
Led by Tarique Rahman, the Bangladesh Nationalist Party (BNP) will form the government after nearly two decades, following a sweeping victory in the February 12 parliamentary polls. The party has secured a landslide victory and cleared the threshold required to form the next government.
Giving it a two-thirds majority in the national legislature, the Jatiyo Sansad, the BNP-led coalition has won 212 seats. The 11-party bloc led by Jamaat-e-Islami has secured 77 seats, while independent candidates have bagged eight seats, completing the final tally.
Under normal circumstances, this would have set off a swift and routine transfer of power. This time the pathway looks more complicated.
The constitutional process begins with the oath-taking of newly elected members. That ceremony begins the formal process of government formation. Uncertainty has surfaced over this very first step.
In practice, swearing-in often takes place within three days of the final result declaration. Informal tallies released shortly after voting do not count as official results. The constitutional clock begins only after the results are formally published in the government gazette. Once that notification is issued, elected members must take the oath within three days.
Administrative procedures linked to gazette publication can take additional time. This has created a short waiting window before the formal ceremony can be scheduled. Officials within the interim administration have indicated that the delay will be limited. The transition process is expected to move quickly once official certification is complete. The swearing-in is likely within days of gazette publication.
The question is who will administer the oath. Traditionally, the responsibility lies with the speaker. But this time, the situation is different. At present, the country does not have a functioning parliament. The Office of the Speaker is vacant as well. The deputy speaker is in detention following last year’s mass protest movement that changed the political order.
The constitution provides a backup process for such situations. Article 148 explains an alternative arrangement. If the person assigned to administer the oath does not do so within the fixed time, the responsibility passes to another authority.
The first option allows the president to nominate an individual to conduct the ceremony. A senior constitutional functionary can be assigned this role. The chief justice has been discussed as a possible nominee within legal circles. If a presidential nominee does not administer the oath within three days, the mandate automatically passes to the chief election commissioner. The constitution grants the election chief full authority to complete the process under such circumstances.
Legal advisers within the interim administration have said that the peaceful transfer of power is the priority. Once lawmakers are sworn in, the next phase begins. The president steps in to invite the majority party or coalition to form the government. The invitation is extended to the parliamentary leader of that majority bloc. Numerical strength is the deciding factor. At least, 151 seats are required to claim the mandate to govern.
After receiving the invitation, the majority leader moves to form the cabinet. The president then administers the oath of office and secrecy to the prime minister. Appointment follows immediately after the oath.
Constitutional provisions state that the president shall appoint the member of parliament as the prime minister who commands the confidence of the majority. The moment the prime minister and cabinet members take their oath, executive authority transfers to them automatically.
The constitutional set-up treats the oath as the final legal threshold. Once sworn in, officeholders are deemed to have assumed charge of their responsibilities. With that step completed, the transfer of power stands formalised and the new government comes into effect.
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: ZEE News
