CEC to administer oath to newly elected MPs: EC Masud

The Election Commission (EC) has finally clarified the ongoing discussion about who will administer the oath to the Members of Parliament (MPs) elected in the upcoming 13th National Parliament election. According to the constitutional provision, in the current situation, the Chief Election Commissioner (CEC) can administer the oath to the newly elected MPs.

On Thursday, Election Commissioner (EC) Abdur Rahmanel Masud confirmed this matter to the media.

He informed that since the positions of the Speaker and Deputy Speaker are effectively vacant, the CEC will perform the duty of oath administration under a special constitutional clause.

According to the constitution, typically the Speaker of the previous parliament administers the oath to the newly elected members. However, following the mass uprising of '24, the Speaker of the National Parliament, Shirin Sharmin Chowdhury, resigned on September 2. On the other hand, Deputy Speaker Shamsul Haque Tuku, currently in jail, has not resigned.

Article 74(6) of the constitution states that until the new Speaker assumes office, the previous Speaker or Deputy Speaker shall be deemed to be in office.

However, as it is not feasible for them to conduct the oath ceremony in the present circumstances, an alternative provision is being invoked.

Although Articles 148(1) and 148(2) of the constitution state that the oath is to be administered by the Speaker or their nominated person, in the current situation, Article 148(2a) is applicable. It states that if the Speaker or their nominee cannot administer the oath within three days of the gazette publication, the Chief Election Commissioner can administer the oath within the next three days.

Additionally, according to Schedule-3 of the constitution, if both the Speaker and Deputy Speaker are not in office, the Chief Election Commissioner has the authority to administer the oath, subject to the President's approval.