Bangladesh’s constitutional dilemma: Interim government under Yunus explained

Amid the turmoil and protests that have resulted in over 400 deaths, Bangladesh is poised to establish a new interim government led by Nobel Peace Prize laureate Muhammad Yunus. On Wednesday, the country’s army chief announced that the new government’s swearing-in is scheduled for Thursday.

The appointment came swiftly after student leaders urged Yunus—recognised for his efforts in alleviating poverty in the South Asian country—to take on the leadership role.

In a statement to reporters in Paris, Yunus said, “I’m looking forward to going back home and seeing what’s happening there, and how we can organize ourselves to get out of the trouble that we are in.”

Yunus, an 84-year-old economist, was appointed head of the interim government by President Mohammed Shahabuddin on Tuesday. This comes a day after Prime Minister Sheikh Hasina resigned and fled the country amid violent protests against her administration over a contentious job quota system.

What does the Bangladesh Constitution say about ‘interim government’?

The current constitution of Bangladesh does not include any provisions for an interim government. However, there was previously a similar provision known as the “caretaker government.”

According to the Dhaka Tribune, the 13th amendment to the constitution of Bangladesh, which established provisions for a caretaker government to impartially conduct general elections and transfer power, was passed in 1996.

New amendment added ‘Non-Party Caretaker Government’

The new amendment added Chapter IIA: “Non-Party Caretaker Government” to Part IV of the constitution.

It included new articles 58A, 58B, 58C, 58D, and 58E, which defined the appointment and term of a chief adviser and other advisers in a caretaker government.

This system was used to oversee three elections.

However, after the Supreme Court declared the caretaker government system “unconstitutional,” the Awami League government abrogated it through a constitutional amendment on June 30, 2011.

The Appellate Division’s ruling, which found the caretaker government system unconstitutional, noted that elections could still be held under this system for the next two terms without involving the judiciary.

Despite this advice, the caretaker government system was fully abolished through a constitutional amendment by the Awami League government only a month and a half later, on June 30, 2011.

The full verdict formally eliminating the caretaker government was released on September 13, 2012.

Under the current constitution, the incumbent government holds national elections at the end of its term, and transfers power to the victorious political party or coalition.

However, the abrupt collapse of the Awami League government without an election has led to calls for the establishment of an interim government.

Since the Constitution does not guide on this scenario, it has resulted in a legal dilemma.