The interim government led by Professor Muhammad Yunus wants to transfer power to the elected government as quickly as possible. So far, the government’s decision is that the chief election commissioner (CEC) will administer the oath to the newly elected members of parliament (MPs).
In that case, MPs may take oath next Monday or Tuesday. On the same day MPs take oath, the new prime minister and cabinet members may also be sworn in. This information was learned from sources at the chief adviser’s office.
According to the existing constitution, the speaker of the 12th parliament, Shirin Sharmin Chaudhury, or a person nominated by her, is supposed to administer the oath to newly elected MPs. If this is not done within three days, then within the next three days the chief election commissioner (CEC) will administer the oath to the newly elected MPs.
Sources concerned form the government said Shirin Sharmin Chaudhury has not been seen publicly since resigning in September 2024. If the oath is to be administered by the CEC, three days must be waited after the gazette notification is published.
Consideration is also being given to whether any alternative arrangement can be made. If any alternative proposal comes from political parties, MPs may take oath earlier. The new government would also assume office accordingly.
The sources had told Prothom Alo that the gazette of the election winners will be published either Friday night (yesterday) or today, Saturday. It may take three to four days to complete preparations for the transfer of power. In that case, CEC AMM Nasir Uddin will administer the oath to the newly elected.
Voting was held in 299 out of 300 seats in the 13th parliamentary election on 12 February. The Election Commission (EC) announced unofficial results for 297 seats the following day. Due to High Court directives, the gazette notification for the results of two seats is not being issued at this time.
Out of the 297 seats, BNP has unofficially won 209 seats. BNP candidates are also ahead in the two seats where results remain withheld. Their allies have won three seats.
On the other hand, Jamaat-e-Islami has secured 68 seats. Other partners in the Jamaat-led 11-party electoral alliance have won nine seats.
Speaking to journalists yesterday afternoon, EC Secretary Akhtar Ahmed said the gazette would be published as soon as possible. Arrangements will be made to publish the gazette quickly after receiving the result statements from all returning officers.
He said the result statements began arriving by Friday evening (yesterday). He added that the EC wants to publish the gazette quickly and has no reason to delay.
What the constitution says about MPs’ oath
Article 148 of the constitution describes the oath of members of parliament. It states, “If, within three days next after publication through official gazette of the result of a general election of members of parliament under clause (3) of article 123, the person specified under the constitution for the purpose or such other person designated by that person for the purpose, is unable to, or does not, administer oath to the newly elected members of parliament, on any account, the chief election commissioner shall administer such oath within three days next thereafter, as if, he is the person specified under the constitution for the purpose.”
The third schedule of the constitution also describes the oath for various offices. It states that the speaker shall administer the oath to MPs. The speaker of the 12th parliament, Shirin Sharmin Chaudhury, resigned in September 2024. She has not been seen publicly since 5 August, 2024.
The Constitution states that even after resignation, the speaker or deputy speaker is deemed to remain in office until their successor assumes charge. Accordingly, the responsibility of administering the oath lies with the speaker.
Meanwhile, the rules of procedure of parliament state that MPs shall take oath and sign the prescribed form before the outgoing speaker, or in her absence the outgoing deputy speaker, or in the absence of both, a person nominated by the outgoing speaker.
Outgoing deputy speaker Shamsul Haque Tuku is currently in prison after being arrested in a murder case. In addition, there is reportedly negative political sentiment regarding taking oath before the outgoing speaker or deputy speaker.
If someone else is to be assigned the responsibility of administering the oath in their absence, that person must be nominated by Speaker Shirin Sharmin Chaudhury. In this case, the option of administering the oath through the CEC is being given priority.
Legal analysts say there are further complexities regarding the oath. The constitution refers to the oath of MPs elected under Article 123(3). However, this national election was not held under that provision. Article 123(3) states that elections must be held within 90 days before the expiration of parliament’s term, or within 90 days after dissolution if parliament is dissolved for other reasons.
The Awami League government fell on 5 August 2024, following a mass uprising. The 12th parliament was dissolved on 6 August. About one and a half years later, the schedule for the 13th parliamentary election was announced on 11 December last year.
The original gazette notification of the election schedule had stated that the general election was necessary under Article 123 to form parliament under Article 65 of the constitution. However, this notification was later amended, and the reference to Article 123 was removed.
The revised notification stated that under Article 65 of the constitution, the Election Commission was calling upon voters to elect one member from each constituency in order to form parliament, in accordance with Article 11(1) of the Representation of the People Order, 1972.
People concerned said that the 13th parliamentary election was held through political consensus under changed circumstances. They say the oath issue may also be resolved through political consensus.