Dr. Yunus’ interim government is finding it increasingly difficult to function.
This is because certain constitutional issues cannot be resolved under the existing constitution.
The interim government has received a kind of legitimacy by taking the opinion of the Supreme Court under Article 106 of the existing constitution. The Supreme Court has opined that such a government can exist since the Prime Minister has resigned and the Parliament is not functioning.
In this context, the interim government has taken the oath under the existing constitution.
What does this mean? It means that the current interim government is a product of the current constitution.
That means the constitution is upheld.
The question is, if the constitution is in force, then it must be followed. It’s not possible to keep the constitution in force and only follow the parts that suit one’s needs. If the constitution is in force, it must be followed completely. There is no scope for partial compliance here.
The Supreme Court has validated this government under Article 106 of the Constitution but has not provided any explanation or solution to other constitutional questions.
Let me give a small example. According to this constitution, there is a constitutional obligation to hold elections within 90 days of dissolving the parliament. The Supreme Court’s opinion was not sought on this constitutional obligation. That means the 90-day obligation of the constitution remains in force.
However, this interim government wants to remain in power for more than 90 days. In that case, what is the solution to this constitutional obligation? If they want to stay for more than 90 days, will they again seek the Supreme Court’s opinion?
Another important point is that no opinion was sought from the Supreme Court regarding Article 57(3) of the Constitution. This means that Article 57(3) of the Constitution is also in force.
So, it appears that this interim government is in power without resolving many constitutional questions.
Many analysts have tried to say that when a government falls due to a popular uprising, the constitution is not the main issue. The will of the people is everything; the will of the people is the constitution. These analysts are actually not constitutional experts. They are trying to cover up these complex constitutional questions on behalf of one party.
There were popular uprisings in Bangladesh in 1990 and 1996, with demands for a caretaker government. The governments formed after these uprisings were all established in accordance with the constitution. Therefore, those who argue that revolutions nullify the need to follow the constitution are wrong or are trying to evade constitutional questions.
However, this situation cannot continue indefinitely. The unresolved constitutional issues are causing internal instability within the government, leading to hesitation and doubt. Even the bureaucracy, from secretaries to additional secretaries, is aware of the government’s weaknesses and is not providing full cooperation.
As I understand it, the current interim government is seeking a way out of these constitutional quagmires. So, what is that path?
If I’m not mistaken, this government might, at a suitable time, declare itself a revolutionary government and abrogate the current constitution. Such a declaration would lead to significant structural changes in the state.
Current President Sahbuddin Chuppu must step down. Dr. Yunus can assume all power and assume responsibility as president himself. The state may change from a parliamentary system to a presidential system. The revolutionary government can announce the new constitution by canceling the current constitution.
But such a change is not possible without the support of the army.
The question is, there is considerable doubt whether the army chief Waqar-uz-Zaman will support such changes. Because, Dr. If Yunus becomes president, he will be the firing authority of the army chief. How risk-free will it be for Walker-Uz-Zaman? Mr. Walker may think that if Dr. Yunus becomes president, he can fire him at any convenient time and appoint an army chief who is not aware of him. Will Mr. Walker take such a risk? Or will he think that the seemingly harmless President Shahbuddin Chuppui is more or less dangerous for him.
Dr. It is not easy for Yunus to declare a revolutionary government without the full support of the army chief. It is not possible to get out of the constitutional questions without declaring it as a revolutionary government.
Toronto, Canada
