Has Shirin Sharmin’s resignation created a vacuum in Speaker post?

Whether the resignation of Jatiya Sangsad (parliament) Speaker Shirin Sharmin Chaudhury created a vacuum in the post or not, is the question that is being asked by many.

At the same time, another question that has been asked is, who would administer the oath of the newly elected members of the next parliament.

Prothom Alo tried to find an answer to the questions following the submission of resignation letter of Shirin Sharmin Chaudhury to President Mohammed Shahabuddin Monday.

As per the constitution, despite submitting the resignation paper, Shirin Sharmin Chaudhury will be considered as the post holder until the new Speaker takes charge. That means, she will administer the sworn-in of the MPs of 13th parliament.

Section 74 of the constitution describes how the post of the Speaker will be vacant. It describes five conditions for which the post of the Speaker will fall vacant.

The same section, however, says despite the clauses that describe the conditions of post falling vacant, the Speaker or Deputy Speaker shall be deemed to continue to hold office until his successor has entered upon office.

JS Speaker is the third highest post in the country in Bangladesh’s parliamentary democracy.

Section 54 of  the constitution says, “If a vacancy occurs in the office of President or if the President is unable to discharge the functions of his office on account of absence, illness or any other cause the Speaker shall discharge those functions until a President is elected or until the President resumes the functions of his office, as the case may be.”

On the other hand, section 50 of the constitution says, “The President may resign his office by writing under his hand addressed to the Speaker.”

Section 74 says about electing the Speaker and Deputy Speaker. The constitution says, “Parliament shall at the first sitting after any general election elect from among its members a Speaker and a Deputy Speaker.”

It says the Speaker shall vacate his office if he ceases to be an MP; if he becomes a minister; if parliament passes a resolution requiring his removal from office; if he resigns his office by writing under his hand delivered to the president; if after a general election another member enters upon that office.

Speaking about this, former professor of public administration department at Chittagong University and a researcher on parliamentary affairs Nizam Uddin told Prothom Alo that the constitution clearly states what would happen to the Speaker post if Shirin Sharmin Chaudhury resigns. She will be deemed to continue to hold the office until her successor has taken charge.

Nizam Uddin further said as per the constitution there is no scope to elect a new Speaker until new parliamentary elections. It would be different if the constitution is cancelled.

Sheikh Hasina on 5 August resigned from the post of prime minister and left the country in the face of student-people mass uprising and the president dissolved parliament. Later, the interim government was sworn-in on 8 August. Shirin Sharmin Chaudhury resigned from the Speakerpost on the 27th day of the fall of Sheikh Hasina’s government.

She took charge of the office on 30 April 2013 as previous Speaker Abdul Hamid was elected the President. Since then she had been serving as the Speaker until her resignation.

Cases are being filed across the country as at least 760 people died between 16 July and 5 August and in violence afterwards centering the students movement, first to press home the demand of reform in the job quota system and then in ousting the government.

A case has also been filed against Shirin Sharmin Chaudhury and 16 others, including former commerce minister Tipu Munshi, in connection with the death of jeweller Muslim Uddin, 38, in bullets in Rangpur on 27 August.

Speaking about the overall situation, Supreme Court lawyer Shahdeen Malik told Prothom Alo that generally speaking the Speaker remains in post until the new parliament is formed. But if the constitution is followed in this emerging situation, when the Speaker has resigned, the Deputy Speaker is detained, an uncertainty has been created.