Interim government can be formed following existing rules

Following the mass uprising, Prime Minister Sheikh Hasina has resigned from her position in accordance with Article 57 of the Constitution. With the prime minister's resignation, it is assumed that all members of her cabinet have also resigned. Subsequently, President Md. Shahabuddin dissolved the 12th National Parliament last Tuesday. Therefore, the country currently has no government. An interim government is now expected to be formed, and it is heard that Nobel laureate Dr. Muhammad Yunus has already been nominated as its head. This new government is set to be formed under his leadership.

To provide further legitimacy to this new interim government, the President may send a reference to the Supreme Court. In the reference, the President would state that a mass uprising by students and the public has occurred, leading to the resignation and departure of Prime Minister Sheikh Hasina, and the other members of the parliament are unaccounted for. In this situation, Bangladesh cannot remain without a government.

Therefore, in accordance with the will of the people and all political parties, professionals, and the anti-discrimination student movement leaders who led the uprising, there is a need to form a national government in the interest of public welfare and public order. Since the orders, directions, judgments, and guidelines of the Supreme Court are part of the Constitution, it is necessary to obtain approval for this action in the interest of national sovereignty and public welfare. Otherwise, the country will fall into chaos. Therefore, it is essential to approve this reference in the greater interest of the country and the nation.

Once the Supreme Court’s approval is obtained, all constitutional complexities related to this matter will be resolved, and no questions regarding the constitutional crisis or legitimacy will arise in the formation and operation of the national government. This legitimacy can be established both before and after the formation of the new government. The alternative path is to form a national government according to the transitional provisions in the interest of public welfare and public order. Before the 14th Amendment to the Constitution, there were transitional provisions under which an interim government was formed in 1990 under the leadership of Chief Justice Shahabuddin Ahmed.

Subsequently, through the 11th Amendment to the Constitution, the actions of the interim government were legitimized, and provisions were made for the Chief Justice to return to his position. Therefore, in the greater interest of the country and the nation, and based on past references, it is now possible to form a national government and subsequently legitimize all its activities. In this regard, a consensual national declaration needs to be signed by all political parties. In this declaration, all political parties would agree that the legitimacy of the national government and all its activities will be approved by the parliament formed through the next election.

To strengthen this process and provide a constitutional basis, a reference can be sent to the Supreme Court, or a review petition can be filed to revive the transitional provisions that existed before the 14th Amendment. The national government can operate for as long as it deems necessary, and its activities will be legitimized by the subsequent parliament.

One crucial point I must emphasize is that the current situation is a revolutionary situation arising from a mass uprising. A mass uprising is not governed by any law; it is not mentioned anywhere in the Constitution. However, those who succeed in a mass uprising dictate the course of events. Their actions can later be legitimized through the legal system. What occurs through a mass uprising can subsequently be validated by law.

Dr Shahdeen Malik: Senior Advocate, Bangladesh Supreme Court