Shirin Sharmin still holds JS Speaker post as none takes over the role: Experts

After Sheikh Hasina left the country on August 5, one after another murder cases are being filed against her across the country. The President then dissolved the Parliament. But according to the constitution, the Speaker of the National Parliament Shirin Sharmin Choudhury remained in office. But a murder case was file against Shirin Sharmin and 17 other people over killing of gold worker Muslim Uddin, 38, on August 27 in Rangpur. Later, Speaker Shirin Sharmin Choudhury resigned on September 2. Constitutional experts informed that according to the current constitution of Bangladesh, Shirin Sharmin Choudhury will be deemed to hold the post of Speaker until someone new takes over. There is no opportunity in the constitution to elect the Speaker without fresh elections. However, if the constitution is not followed or if the current constitution is repealed or suspended, that is a different matter.

In this regard, Former Law Minister Barrister Shafiq Ahmed told View Bangladesh that, 'Article 74 of the Constitution states how the post of Speaker or Deputy Speaker will become vacant. It is said that the Speaker's post will be vacant for five reasons including not having the post of member of parliament and resignation. The same Article states that, notwithstanding these provisions, the Speaker or Deputy Speaker may be deemed to continue in office until his or her successor assumes office. Therefore, the recently resigned Jatiya Sangsad Speaker Shirin Sharmin Choudhury will be assumed to be in her post until the next Speaker takes over. That is what the constitution says.

Constitutional expert Dr. Shahdeen Malik told View Bangladesh that, "The post of Speaker will be vacant if he or is not a Member of Parliament, becomes a Minister, a motion for removal is accepted in Parliament, resigns or another member takes over after a general election." However, the moment the post becomes vacant, he or has to hand over the responsibility. That is, the previous Speaker will be assumed to be in his or her post until a new Member of Parliament takes over as Speaker. That is what is said in the constitution. Therefore, despite resigning, Speaker Shirin Sharmin will remain in her post until the next parliament. But a long gap until the next speaker takes over will cause complications. This has never happened before.

Attorney General Mohammad Asaduzzaman said, "Article 74(6) of the Constitution states that despite the provisions of Clause (2) of this Article, the Speaker or Deputy Speaker shall be deemed to have continued in office until his/her successor assumes office. Therefore, even if Parliament is dissolved Speaker and Deputy Speaker will remain in their posts. There are no members of Parliament at the moment due to the dissolution of Parliament. On the other hand, Speaker Shirin Sharmin Choudhury has already resigned. Even so that the Speaker shall be deemed to continue in office as per the present Constitution. In order to vacate his or her post, the constitution or the relevant section of the constitution must be canceled or suspended.

Senior Supreme Court lawyer and constitutional expert Ahsanul Karim said, "Even if Parliament is dissolved, the post of Speaker remains intact." Even if he or she resigns, the person is assumed to be in office until a new speaker takes over. The burden of administering the oath to the members of the next parliament rests on the Speaker. Even in the absence of the President, the Speaker has to take charge of the Head of State. Hence, Speaker Shirin Sharmin will remain in her post until the next Parliament. There is no doubt that her resignation has created a vacuum and the instance of such vacuum is the first not only in Bangladesh but also in the entire subcontinent.''

It is to be noted that the Speaker of the Jatiya Sangsad Shirin Sharmin Choudhury resigned on Monday. She submitted her resignation letter to President Md. Sahabuddin. The President accepted her resignation and it was executed the same day, an official gazette said.