Interim Government under Professor Yunus: Duration of Power
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Following the assumption of power by the interim government
led by Professor Muhammad Yunus, a key discussion has emerged regarding the
tenure of this government. Neither the constitution of Bangladesh nor any laws
specify the duration or structure of this interim government, leading to
widespread speculation.
In this context, on Saturday, Professor Asif Nazrul, the
legal advisor to the new government, spoke to journalists about the
government's tenure. He mentioned that the interim government would remain in
power "as long as necessary to carry out reforms, including those in the
Election Commission."
In the past two days, two other advisors to the new
government also commented on this matter, but they did not provide any clear
timeframe for their tenure. Legal experts have pointed out that this government
was formed in a unique situation following the fall of Sheikh Hasina's
government through a mass uprising. Such a government structure is not
mentioned in the constitution, and thus, there is no reference to its duration.
Barrister Jyotirmoy Barua, a legal expert,
"When they feel the environment is ready for a fair election, they will
announce it. Before that, no idea of the government's tenure can be
established."
The interim government led by Nobel Laureate Professor Yunus
includes a mix of experienced individuals and new faces, including student
representatives. Analysts suggest that the performance of this government
should be evaluated based on their actions.
After the resignation of Sheikh Hasina, there was no
government in Bangladesh for three days. The advisors of the interim government
took their oath on Thursday night under the leadership of Professor Yunus.
On the same day, the President of Bangladesh sought the
opinion of the Supreme Court's Appellate Division regarding the formation of
this interim government. Following this, the Appellate Division, led by Chief
Justice Obaidul Hassan, gave its approval for the formation of the interim
government.
The current constitution of Bangladesh does not mention the
existence of a caretaker or interim government, nor does it specify the tenure
of such a government.
According to Article 123(3)(b) of the constitution, if the
parliament is dissolved before the end of its term, an election must be held
within 90 days. Article 123(4) states that if an election cannot be held due to
any unforeseen circumstances, it must be held within 90 days after the last day
of the term.
"Such situations should have been included in the constitution. Since they
are not, nothing has been mentioned about the tenure of this government."
Political analysts suggest that the responsibility for
reforms lay with political leaders, but since this did not happen, such a
situation arose.
"Now, the
focus should be more on reforms rather than the tenure. They will take as much
time as needed for reforms."
The interim government, led by Professor Yunus, was
announced on Tuesday by the Anti-Discrimination Student Movement. The new
interim government assumed power on Thursday.
The day before, BNP Secretary General Mirza Fakhrul Islam
Alamgir demanded an election within three months after the formation of the
interim government at a rally in front of the central office.
This has raised questions about whether the new government
will be able to hold elections within three months or how long it will take to
create a conducive environment for free and fair elections.
On Saturday, Professor Asif Nazrul, the Advisor for Law,
Justice, and Parliamentary Affairs, said, "There is a desire for reforms
among the people. We will stay as long as necessary to balance the desire for
reforms and the new election, neither more nor less. We will try to fulfill the
responsibilities we have been given."
Additionally, several political parties, including Citizens'
Unity and Democratic Left Alliance, have demanded elections within a short
timeframe.
However, after the first meeting of the Advisory Committee
on Friday, Advisor Syeda Rizwana Hasan said, "This interim government is
for preparing the ground for a democratic journey in the country. We will only
take the necessary time for this preparation."
The new government has started its work under the leadership
of Professor Yunus, and analysts are watching closely.
The new government includes a mix of Nobel laureates, legal
experts, former election commissioners, and student representatives. There have
been significant changes in government positions, including the judiciary, law
enforcement, and university administration. Many officials from various
government institutions have also resigned voluntarily.
Analysts say that while the government has focused on
restoring law and order, other challenges remain. Political analyst Mohiuddin
Ahmed, "Most of the people who have taken responsibility
in the new government are new faces. They will be evaluated after they start
their work. For now, their focus should be on reorganizing the
administration."
Especially on the day Sheikh Hasina resigned and left the
country, many police stations across the country were vandalized by protesters.
New arrangements have been made to make these stations operational again, and
many have resumed their activities.
In this situation, the new government has emphasized the
need to reorganize every sector in their first meeting on Friday. Advisor Syeda
Rizwana Hasan said, "We have discussed reforms in every sector. It cannot
continue like this; the system must be changed. We will talk to everyone in
society for this."
**Return of the Interim Government**
In 1990, military ruler Hussein Muhammad Ershad resigned
under the pressure of a mass movement. After his resignation, an interim
government was formed under the leadership of the then Chief Justice
Shahabuddin Ahmed. Mr. Ahmed was appointed as the head of the interim
government based on the consensus of the political parties opposed to Mr.
Ershad.
During the presidential government at that time, Vice
President Moudud Ahmed resigned first, and then Mr. Ahmed became the Vice
President. After the resignation of President Ershad, Mr. Ahmed assumed the
position of President.
Under his leadership, the BNP came to power in the elections
held in 1991. In the one-sided election held on February 15, 1996, the BNP,
under the leadership of Khaleda Zia, formed the government.
The Awami League and other political parties opposed this
election, demanding its annulment and the introduction of a caretaker
government through a constitutional amendment. After intense nationwide
protests, the election was annulled, and the caretaker government system was
introduced in March 1996 through the 13th amendment to the constitution.
Subsequently, under the caretaker government, the 7th
general election was held on June 12, 1996, the 8th in 2001, and the 9th in
2008. In 2011, the Supreme Court declared the caretaker government system
unconstitutional in a ruling. The 15th amendment to the constitution passed on
June 30 of that year abolished the caretaker government system.
After the caretaker government was removed from the
constitution, Bangladesh's 10th, 11th, and 12th elections were held under
Sheikh Hasina's leadership. In each one-sided election, the Awami League came
to power. After Sheikh Hasina's resignation and departure on August 5, the
President of Bangladesh dissolved the parliament, leading to the reformation of
an interim government after three decades.