Following BNP’s decisive victory in the 13th parliamentary election, attention has shifted to the swearing-in of newly elected members of parliament and the formation of the next government.
Sources indicate that the new MPs could take their oath on Sunday, with a new government potentially formed the following day, Monday. BNP Secretary General Mirza Fakhrul Islam Alamgir has said the party hopes to form the government by 15 February.
However, a constitutional and political debate has emerged over who will administer the oath to MPs.
Speakers’ absence raises questions
Under established law and parliamentary practice, newly elected MPs are sworn in by the speaker of the Parliament. But in the current political context following last year’s uprising, the position of speaker is vacant. The deputy speaker is in prison.
Article 148 of the Constitution states that the oath must be administered by the person designated under the Constitution within three days of the publication of the election gazette. If that designated person fails or is unable to administer the oath, the chief election commissioner must do so within the next three days, acting as if he were the designated authority.
A BNP source said party leaders would prefer that, if the president agrees, Chief Justice Zubayer Rahman Chowdhury be nominated to administer the oath. In such a case, formal advice would need to be sent to the president from the Chief Adviser’s Office.
President Mohammed Shahabuddin told TIMES of Bangladesh that as of Friday evening, no formal advice had been received from the government. He added that if a recommendation is made by the chief adviser following consultations with the government and political parties, he would make the necessary nomination.
Legal interpretation and political sensitivities
Speaking to journalists at the Secretariat on Thursday, Law Adviser Asif Nazrul said that if both the speaker and deputy speaker are unable to administer the oath, the president may nominate another person on the advice of the chief adviser. He also noted that if the oath is not administered within three days, the chief election commissioner could perform the role.
A source at the Parliament Secretariat said preparations are in place to organise the swearing-in ceremony for newly elected MPs. However, no formal instructions have yet been received.
Senior journalist Kamran Karim offered a different interpretation. He said that if the speaker’s post is vacant, the deputy speaker assumes the speaker’s role and would normally administer the oath. Although the speaker has resigned and the resignation has been accepted by the president, the deputy speaker has not formally lost his position despite being in prison on corruption and other criminal charges.
“In that sense, Deputy Speaker Shamsul Haque Tuku could preside over the new parliament and administer the oath,” he said.
However, this could create political complications. Newly elected MPs may object to taking the oath from a figure associated with the previous Awami League administration and facing criminal allegations.
Historical precedent
A similar situation arose after the 1991 fifth parliamentary election. At that time, Awami League and BNP, along with other majority parties, refused to take their oath from the speaker appointed during the Ershad regime. Eventually, the newly elected MPs were sworn in by a person nominated by the president.
With BNP seeking to form a government within days, the resolution of the oath issue is now central to ensuring a smooth constitutional transition.
