Allegations of undermining of the President's dignity: Did Dr. Yunus disregard the constitution?

Recently, President Md. Sahabuddin raised serious allegations regarding constitutional inconsistencies against former Chief Adviser Muhammad Yunus during an interview. He stated that the Chief Adviser failed to inform the President about state decisions, foreign trips, and significant international agreements. Furthermore, he did not notify the President about the issuance of 133 ordinances. Should these allegations be substantiated, the actions of former Chief Adviser Md. Yunus would be deemed illegal and unconstitutional, as noted by constitutional experts?

As per the Constitution of Bangladesh, executive authority is exercised through the Prime Minister (or the Chief Adviser at certain times). The President typically acts based on the advice of the Prime Minister or an individual of equivalent rank, in accordance with Article 48(3) of the Constitution. However, Article 55(6) mandates that the Prime Minister or Chief Adviser must inform the President of any state decisions. Moreover, Article 55(6) further stipulates that the Prime Minister is required to update the President on the decisions made by the Council of Ministers and, if the President requests, to present any matter for the Council of Ministers' consideration. This indicates that the President is not merely a ceremonial figure; he is constitutionally entitled to receive information and plays a vital role in ensuring administrative transparency.

According to the complaint made by the President, the Chief Adviser failed to meet with him following his foreign trip and did not provide any written report. If it is indeed true that the requirements of Article 55(6) of the Constitution have been disregarded, this would be deemed a violation of constitutional protocol, stated renowned constitutional expert Dr. Shahdeen Malik. He told Views Bangladesh, 'Based on the President's remarks, 133 ordinances have been issued during the Chief Adviser's term, many of which he finds questionable. Article 93 of the Constitution allows the President to issue an ordinance when Parliament is not in session, provided he believes that immediate action is necessary. This implies that if the President lacks adequate information or does not have the opportunity to be satisfied, the constitutional procedure for issuing the ordinance becomes questionable.'

In response to a different inquiry, Ahsanul Karim, a senior lawyer and constitutional expert at the Supreme Court, conveyed to Views Bangladesh, 'The President has indicated that even though there was a significant agreement with the United States prior to the elections, he was not informed about it. While the Constitution of Bangladesh does not explicitly require the President's prior approval for international agreements, the executive branch negotiates agreements on behalf of the state. As the symbolic head of state, the President should be informed of such matters. Previous heads of government have kept the President informed—this statement from the President highlights traditional constitutional conventions. Even though constitutional conventions may not be explicitly stated in written laws, they play a crucial role in the governance of the state. If there are claims that the ordinance or international agreement was executed without following due process, their legitimacy can be contested in court. The agreements could be annulled if the court rules them unconstitutional.'

Concerning the President's grievances about foreign trips and protocol, Senior Supreme Court Lawyer Manzil Murshed informed Views Bangladesh, 'The President's concern is that the Chief Adviser has undertaken 14-15 foreign trips without any report. While the Constitution does not require a direct meeting with the President following a foreign trip, the Prime Minister is expected to keep the President updated. This communication can be either verbal or written.'

On the subject of the cancellation of the President's foreign trips, he remarked, 'The President has expressed that his journey to Kosovo and his participation in the Emir of Qatar's invitation were obstructed. Typically, the President's foreign trips are arranged with the government's advice and preparation. However, drafting a letter to decline the President's invitation, sending it to him, and requesting his signature is unethical. If the President perceives this as a slight to his constitutional position, it raises concerns regarding administrative discipline and protocol.'

Regarding the President's exclusion from the university convocation, Manzil Murshed stated, 'In Bangladesh, it has been a long-standing tradition for the President to attend university convocations as the Chancellor. If he is barred from such events, it may be viewed as a violation of institutional etiquette, although it does not directly contravene the constitution.'

In this context, the newly appointed Law Minister Advocate Asaduzzaman told Views Bangladesh, ‘President Md. Shahabuddin has recently highlighted significant constitutional discrepancies with former Chief Adviser Muhammad Yunus during an interview. In this situation, failure to adhere to the obligations outlined in Article 55(6) could result in a failure to fulfill constitutional responsibilities. If the President's approval for issuing an ordinance is merely a matter of formality, then while the procedural aspect may be valid, the moral aspect remains questionable. The lack of communication regarding foreign trips and international agreements, although not explicitly a legal violation, undermines the constitutional standing of the President.'

'The President has expressed that he has been kept uninformed about various state decisions. In response to these allegations, the Law Minister said, 'In Bangladesh's parliamentary system, the President does not hold executive power; rather, he serves as a symbol of constitutional equilibrium. It was the Chief Adviser's duty to ensure the President was kept regularly updated. It would raise concerns about the equilibrium of the constitutional framework and the transparency of the governance system. Consequently, all allegations against former Chief Adviser Md. Yunus may be subject to investigation. The subsequent matters will be addressed by the current government.'