Bangladesh’s Interim Government: What should be its tenure?

How long can the Bangladesh Interim Government (BIG) led by Dr. Muhammad Yunus, stay in office? Several political parties, including BNP, have demanded that the 13th parliamentary elections be held as soon as possible, preferably within three months. This political attitude is nothing to be surprised about.

Although government tenure is a political issue, it must be examined from the constitutional perspective because the Constitution determines the terms and conditions of political appointments. More importantly, the BIG's terms and conditions are particularly critical as it was formed through a revolution. Therefore, materialising the revolution's mission and vision critically depends on the public perception about BIG's role and functions.

Although government tenure is a political issue, it must be examined from the constitutional perspective because the Constitution determines the terms and conditions of political appointments. More importantly, the BIG's terms and conditions are particularly critical as it was formed through a mass revolution. Therefore, materialising the revolution's mission and vision critically depends on the public perception about BIG's role and functions.

Bangladesh has a parliamentary system of democracy. According to the Constitution, an independent election commission conducts general elections every five years to determine the political leadership of the government. The 12th parliament was sworn in on 9 January 2024, meaning the 13th parliamentary elections must be held within three months of January 9, 2029. AL could not stay in power mostly because its administrative policy and its leaders' attitude angered the general student community. They eventually succeeded in toppling Prime Minister Hasina's government. The president dissolved the Parliament and administered oaths to an interim government as recommended by the student leaders.

The Constitution does not contain any provision for the formation of this type of government. This is a constitutional vacuum that has sparked significant confusion and controversy in some circles about the BIG's tenure and its constitutional legitimacy. In my view, the said confusion has resulted from our failure to distinguish between an ordinary interim government and the current Interim Government. An ordinary interim government, variously called a caretaker, provisional, or transitional government, refers to a temporary public administration system that operates between two regular governments appointed through general elections. Thus, an interim government is part and parcel of a democratic system of government.

The current interim government, however, is a very interesting legal and political phenomenon. On the one hand, its tenure cannot be restricted to three months because it is different. On the other hand, our constitution does not contain any provision by which it can be rendered constitutionality. To resolve this paradox, we need to look at the Constitution's Preamble, whose first paragraph reads: We, the people of Bangladesh, having proclaimed our independence on March 26, 1971 and through a historic struggle for national liberation, established the independent, sovereign People's Republic of Bangladesh.

The Preamble is the most fundamental part of our Constitution for two reasons. First, it ordains the democratic nature of our Constitution: The people are collectively the owners of the sovereign republic of Bangladesh. This sovereign power is vested in the political organisation called government. The modern government is a complex service-giving public institution equipped with different kinds of professionals recruited, trained, and promoted. Because the people own this institution, they choose its leadership through general elections. Indeed, the meaning and the message conveyed by the Preamble, cannot be changed if the constitution's democratic nature is to be retained.

Bangladeshi citizens exercised this citizenship right on January 7 and gave AL a mandate to rule for five years. Unfortunately, the people had to force it to resign only after six months and appoint an interim government.  The truth most of us overlook is that people have made both government leadership changes, one through election and the other through revolution. If we describe the BIG as unconstitutional, then it would suggest that general elections are the only civic method by which people can exercise their sovereign authority. In other words, Bangladesh's Constitution does not permit people's revolution to change the government leadership no matter how it behaves. Alternately, the student force which caused the revolution is not part of Bangladeshi voters. On the contrary, if we accept the BIG's legitimacy, then in my view, it is supposed to enjoy the same tenurial status the Constitution prescribes for an elected government.

The intellectual issue before the nation is abundantly apparent. We must convince ourselves about the nature of the July Revolution, which was led by our ordinary student community: Did the mass join this movement voluntarily? If the answer is affirmative, then the BIG is constitutionally legitimate. In that case, it will enjoy most, if not all, of the powers and privileges that an elected government is entitled to. It is constitutionally constrained to arrange the 13th parliamentary elections from 09 November 2028 to 08 January 2029. However, like any elected government, it will have the freedom to decide whether to hold elections before this deadline.

The writer is retired faculty member of Bangladesh Agricultural University.