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A constitutional crisis emerged in Bangladesh on 5 August 2024, after the Prime Minister, Sheikh Hasina, resigned and fled the country to India as protesters stormed her residence and office in Dhaka during a massive mass uprising.[1][2][3][4][5][6] Hasina's flight to India triggered the constitutional crisis because the existing constitution has no provisions for an interim government or any other form of government in the event that the prime minister resigns and the parliament is dissolved.[7] Although Article 123 of the constitution mandates general elections within 90 days following the dissolution of parliament, no clear guidelines exist for the powers and structure of an interim government.
Several days after Hasina's departure, her son, Sajeeb Wazed, claimed she remained the incumbent prime minister of Bangladesh, as she had not signed a resignation letter.[8]
My mother never officially resigned. She didn’t get the time.... As far as the constitution goes, she is still the prime minister.
Three days after her flight, an interim government was formed, with Muhammad Yunus sworn in as Chief Adviser.[10][3] Following the oath-taking of the interim government, student leader and ICT adviser Nahid Islam announced that a constituent assembly election would be held to draft and adopt a new constitution to resolve the crisis. The interim government also established a Constitutional Reform Commission to prepare a roadmap for the constituent assembly election.[citation needed]
Background
editStudents in Bangladesh began a quota reform movement in early June 2024 after the Bangladesh Supreme Court invalidated the government's 2018 circular regarding job quotas in the public sector. The movement escalated into a full-fledged mass uprising after the government carried out mass killings of protesters, known as July massacre, by the late of July.[11] By early August, the movement evolved into a non-cooperation movement, ultimately leading to the ouster of the then-Prime Minister, Sheikh Hasina, on 5 August 2024. Her ouster from office created the constitutional vacuum as the existing constitution does not include any provisions for an interim government, with many[who?] labeling the government "unconstitutional."[citation needed]
Aftermath
editProminent intellectual like Farhad Mazhar urged the interim government to arrange a constituent assembly to solve the "constitutional vacuum," as there is no provision for any kind of interim government in the constitution.[12]
Chief Election Commissioner Kazi Habibul Awal said that as a constitutional void was visible in this post-revolution period, legal complexities might arise in the future.[13] "The end of autocracy or the removal of a dictator through revolution is not the ultimate goal or achievement. There are many essential tasks ahead. These must be addressed. Without firm determination, wisdom, courage, and unwavering integrity, this task will not be easy," he added.[13]
A civil servant also protested at the unconstitutional formation of an interim government. She was later removed from her post.[14]
See also
editReferences
edit- ^ Ahasan Raisa, Fatima Zahra; Tarannum Susan, Suriya (2024-09-11). "Bangladesh Through the Prism of Doctrine". Verfassungsblog. doi:10.59704/3a2bb7c01da8225a. ISSN 2366-7044.
- ^ "Post-Hasina Bangladesh's Multiple Challenges". thediplomat.com. Retrieved 2024-10-14.
- ^ a b Levush, Ruth (2024-08-29). "Interim Government and the Constitution of Bangladesh | In Custodia Legis". The Library of Congress. Retrieved 2024-10-14.
- ^ "Bangladesh: The Long Road Ahead". The International Crisis Group. August 7, 2024. Retrieved October 15, 2024.
- ^ "গোলকধাঁধার সংবিধান: কী করবেন প্রেসিডেন্ট" [The Constitution in Crisis: What Will the President Do?]. Daily Inqilab (in Bengali). Retrieved 2024-10-14.
- ^ Ahmed, Kamal (2024-08-29). "What's the CEC's motive in wanting the constitution suspended?". Prothomalo. Retrieved 2024-10-14.
- ^ "Bangladesh at crossroads as it pursues sweeping constitutional reform". Voice of America. 2024-09-29. Retrieved 2024-10-14.
- ^ "Is Sheikh Hasina still Bangladesh PM? Son Sajeeb Wazed says she did not get time to resign as protesters stormed residence". The Times of India. 2024-08-10. ISSN 0971-8257. Retrieved 2024-10-14.
- ^ "Is Sheikh Hasina still Bangladesh PM? Son Sajeeb Wazed says she did not get time to resign as protesters stormed residence". The Times of India. 2024-08-10. ISSN 0971-8257. Retrieved 2024-10-14.
- ^ "Bangladesh seen heading toward political crisis". Voice of America. 2024-08-09. Retrieved 2024-10-14.
- ^ "Bangladesh student protests become 'people's uprising' after brutal crackdown". South China Morning Post. 2 August 2024.
- ^ "Farhad Mazhar questions legality of constitution reform commission". The Daily Star. 2024-09-24. Retrieved 2024-09-24.
- ^ a b "বিপ্লব ও ফরমান: সরকার ও সংবিধান" [Revolution and Decree: Government and Constitution]. Samakal (in Bengali). Archived from the original on October 15, 2024. Retrieved September 15, 2024.
- ^ "'রিসেট বাটনে পুশ' স্ট্যাটাস দিয়ে ওএসডি ম্যাজিস্ট্রেট". Bangla Tribune (in Bengali). Retrieved 2024-10-14.