A writ petition has been filed challenging the legality of the Speaker of the National Parliament administering the oath to the President. The petition seeks a directive for the Chief Justice to perform this duty instead.
On Monday (March 10), Supreme Court lawyer Barrister Omar Faruk filed the petition on behalf of lyricist and constitutional analyst Shahidullah Faraji. The petition lists the Law Secretary, the Cabinet Secretary, and other relevant officials as respondents.
Barrister Farooq stated that Bangladesh’s original constitution mandated the Chief Justice to administer the President’s oath. However, a later amendment shifted this responsibility to the Speaker. The writ argues that just as the President administers the oath to the Chief Justice, the Chief Justice should also administer the President’s oath.
Shahidullah Faraji further explained that in most countries, including both parliamentary and presidential systems, the Chief Justice administers the President’s oath. This is a globally recognized constitutional tradition. However, Bangladesh deviates from this practice.
He emphasized that having the Speaker administer the President’s oath excludes the judiciary, disrupting the balance of power among the three branches of the state. This undermines a fundamental constitutional principle: the President, elected by Parliament, should take the oath before the Chief Justice as a key part of the republic’s constitutional framework.
The writ petition is expected to be heard by a High Court bench led by Justice AKM Asaduzzaman.
