Bangladesh News

With the alliance government’s tenure having expired yesterday, the titular head of state President Iajuddin Ahmed has become constitutionally important and the most powerful and all eyes are on him whether he initiates steps to end the ongoing political turmoil.

The president will now appoint the chief adviser to the next caretaker government. But the alliances led by BNP and Awami League are at loggerheads over Justice KM Hasan, who is supposed to be the interim government chief in accordance with the constitution.

Once the chief of caretaker government is appointed, the president in consultation with him will appoint ten other advisers and administer their oath. The interim government will be collectively answerable to the president.

The caretaker government tasked with creating a level playing field for holding a free and fair election shall exercise all executive authorities of the republic while the president will deal with the defence forces that will also be deployed to maintain law and order during the polls.

During the period of the caretaker government, the constitutional provision requiring the president to act on the advice of prime minister shall be ineffective although the chief adviser to the caretaker government will have and will be entitled to the remuneration and privileges of a prime minister.

The president is constitutionally empowered to issue proclamation of emergency on his own for 120 days if he is satisfied that a grave emergency situation exists in which either security or economy of the country or any part thereof is threatened by war or external aggression or internal disturbance.

In case of proclamation of emergency, counter signature of the prime minister is necessary when a political government is in office, but this is not applicable when the caretaker government is operating.

If the president issues the proclamation of emergency and wants to extend its time, the next parliament–which will be formed after the upcoming elections–will have to adopt a resolution in this regard, otherwise the emergency shall cease to operate upon expiry of 120 days.

While a proclamation of emergency is in operation, articles 36, 37, 38, 39, 40 and 42 of the constitution shall remain ineffective. These articles deal with the freedom of movement, freedom of assembly, freedom of association, freedom of thought and conscience and speech, freedom of procession or occupation and rights of property.

The president, who cannot promulgate any ordinance without being advised by the prime minister, may, however, promulgate such ordinance with his own jurisdiction during the caretaker government if situation arises where promulgation of such an ordinance becomes a necessity for the preservation of the constitution or the continuity of the constitutional process.

In the existing parliamentary government system, the president is normally vested with the executive power of the state which is exercised by the cabinet led by the prime minister, and the president is to act on the advice of the ministers.

Legal experts said this provision will remain ineffective during the caretaker government. They observed that the president is now constitutionally empowered to take every necessary step to preserve, protect and defend the constitutional process.

They said the president has taken mandatory oath in terms of article 148 of the constitution to preserve, protect and defend the constitution, which is not just a matter of formality or rituals.

With the president having such duty, it is difficult to deny him the authority necessary for discharging the duty, they said.