Interim Government cannot be questioned, draft ordinance finalized

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10 Nov 2024, 12:18

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A new ordinance is about to be issued soon regarding the legitimacy of the interim government and all its activities. The final draft of this ordinance has already been prepared by the current interim government, which mentions that its tenure will last until the formation of the next parliament.

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Once the ordinance is issued, if there are any faults in the formation of the interim government or the appointment of the Chief Advisor or any other advisors, their work cannot be deemed illegal just for this reason. No court will be able to raise any questions about this, nor can any case be filed.

The draft of the Interim Government Ordinance 2024 was approved in the meeting of the Advisory Council on September 19, but it has not yet been issued in the form of an ordinance. Now that the final draft is prepared, the matter is moving to the next stage.

However, lawyers have raised concerns about the delay in issuing this ordinance, which has led to many questions. After the removal of Sheikh Hasina from power and her departure from the country on the following day of the people's uprising led by the anti-discrimination student movement on August 5, the President dissolved the 12th National Parliament. On August 8, the interim government took the oath under the leadership of Dr. Muhammad Yunus. However, there has been no clear statement on the duration of this government or the election timeline from the beginning.

Now, the legitimacy of the interim government is being defined in the "Interim Government Ordinance 2024," the final draft of which has been sent to the President. The ordinance states that the tenure of the interim government is not fixed. The interim government will hold power until the 13th parliament is formed and a new Prime Minister is appointed. The Supreme Court or any other court will not be able to raise questions about the legality of any activity of this government, nor can it declare it illegal. No case or legal process can be initiated regarding this.

Supreme Court lawyer Shishir Monir commented that the legal legitimacy of the people's uprising could have been better established by issuing a Presidential Order at the beginning. Instead, the path of the interim government has been chosen, which has led to various questions.

Meanwhile, government sources indicate that, in the current situation, it is necessary to give the interim government the powers required to address the constitutional crisis and carry out the executive functions of the state. Hence, this ordinance is being enacted, and the President will issue it.

However, the draft of the ordinance does not specify the number of advisors in the interim government. It states that the interim government will be formed with a Chief Advisor and as many advisors as the Chief Advisor appoints. The President will appoint a reputable and acceptable person as the Chief Advisor. Other advisors will be appointed according to the advice of the Chief Advisor, as mentioned in the draft.

The draft also notes that a person will not be eligible to hold the position of Chief Advisor or other advisors if they do not agree not to stand as a candidate in the 13th National Parliament election or any local government election.

Regarding the executive power of the Republic, the draft states that the Election Commission will be assisted to conduct free, fair, and impartial parliamentary elections and fulfill duties specified by the Constitution or any other law.

According to the final draft of the Interim Government Ordinance 2024, notwithstanding any provisions in the Constitution or any other law currently in force, all powers, ordinances, rules, regulations, proclamations, orders, activities, and measures taken by the interim government between the formation of the interim government and the day the new Prime Minister assumes office shall be deemed to have been lawfully exercised. The Supreme Court or any other court or authority cannot question or declare these actions illegal or invalid.

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