Law ministry clears way for acting Speaker to administer oath to new president

The Law Ministry has said there is no constitutional bar to the acting Speaker administering the oath of office to the newly elected president, resolving a legal question ahead of Friday’s scheduled swearing-in ceremony.

The opinion was sought by the Cabinet Division amid uncertainty over who would administer the oath at Bangabhaban, as the Speaker is currently serving as acting president.

Voting in the presidential election is taking place today (August 20) from 2pm to 5pm in the Jatiya Sangsad chamber, with 349 lawmakers listed as electors. The winner is expected to be declared after the ballots are counted.

In its opinion sent to the Cabinet Division, the Law Ministry said the deputy Speaker, who is currently performing all the functions of the Speaker, is constitutionally competent to administer the oath to the newly elected president.

The ministry referred to Articles 54 and 74(3) of the Constitution, noting that Speaker Hafiz Uddin Ahmed assumed the duties of acting president after the presidency fell vacant. As a result, the deputy Speaker has been performing the Speaker’s functions under the Constitution.

According to the ministry’s interpretation, Barrister Kaiser Kamal, who is currently performing the duties of the Speaker, is therefore the appropriate constitutional authority to administer the oath to the president-elect.

Former president Mohammed Shahabuddin resigned on July 24, triggering the constitutional process for electing a successor. The Election Commission subsequently announced the schedule for the 23rd presidential election on August 6.

After scrutiny of nomination papers, BNP-nominated candidate Mirza Fakhrul Islam Alamgir and Colonel (retd) Oli Ahmad were declared eligible to contest the election.

The president-elect is scheduled to take the oath at Bangabhaban on Friday evening. According to information provided by the chief whip, the ceremony is expected to be held at the Durbar Hall.

The election marks a significant political development, coming 35 years after a presidential contest involving multiple candidates and a parliamentary vote.