How our presidents assume office and leave

President Mohammed Shahabuddin's fate now hangs in the balance between "to be" and "not to be." People close to the government are saying that he must step down. However, the question remains whether he will resign under pressure or if he will be removed from office.

Several protesting platforms have set a deadline for his resignation by Thursday. Advisors are busy to manage the situation. A delegation from BNP met with chief advisor Muhammad Yunus and stated, "Nothing should be done that could create a constitutional crisis."

The debate began earlier over whether president Mohammed Shahabuddin, nominated by ousted prime minister Sheikh Hasina, can remain in office following her ousting and exile through a student-led uprising. However, the advisory council nominated by the winning force emphasized constitutional continuity at that time and avoided political controversies. On 8 August, members of a new advisory council, led by Nobel Peace Prize winner Dr. Muhammad Yunus, took an oath administered by the president.

The debate has resurfaced recently due to an interview published in Jonotar Choke by Manabzamin chief editor Matiur Rahman Chowdhury. In this interview, the president stated that he has no documentary evidence of former prime minister Sheikh Hasina's resignation. He has heard that she resigned and went to India. This claim was also made about a month ago by Sheikh Hasina's son, Sajeeb Wazed Joy, but did not provoke much reaction then. This time, however, it has created an uproar.

In an immediate reaction to the newspaper article, law advisor Asif Nazrul said, "The president's statement that he has not received the resignation letter from former prime minister Sheikh Hasina is false and akin to breaching his oath. Because he himself stated in a speech to the nation on 5 August at 11:20 PM, in the presence of the heads of the three armed forces, that the former prime minister had submitted her resignation letter to him and he accepted it."

There are two conflicting statements from the president here. In his speech to the nation, he said the former prime minister submitted her resignation. Conversely, in his conversation with journalist Matiur Rahman Chowdhury, he claimed there is no documentary evidence of the resignation. If the first statement is true, then the second is false, raising the question of where the former prime minister's resignation letter is. It also raises the question of whether a prime minister needs to submit a resignation letter if he or she is ousted.

We can recall president Abdus Sattar's speech to the nation on 24 March 1982, in which he described his government as ineffective and corrupt. Later, he admitted that he had been coerced into saying this by Ershad. Similarly, during the 1/11 changeover in 2007, president Iajuddin Ahmed blamed the political leadership while dissolving his advisory council.

Many believe that whether stated in the constitution or not, president Mohammed Shahabuddin's departure is only a matter of time. He is the 23rd president of Bangladesh, following 22 others. With a few exceptions, their departures have been melancholic and tragic, even though they all assumed their roles in a festive atmosphere. Two former presidents were assassinated, and multiple presidents left office in disgrace.

The first president of Bangladesh was Sheikh Mujibur Rahman, who served from 26 March 1971 to 12 January 1972 (according to the Declaration of Independence). However, due to his imprisonment in Pakistan during this time, Syed Nazrul Islam served as the acting president.

On 10 January 1972, Sheikh Mujib returned to the country and decided to transition to a parliamentary system, swearing in as prime minister on 12 January, while Justice Abu Sayeed Chowdhury assumed the presidency. He often clashed with the government on various issues.

When he stepped down from the presidency on 24 December 1973, he was succeeded by Mohammadullah. On 25 January 1975, Sheikh Mujib abolished the parliamentary system, implementing a one-party presidential regime, and took on the role of president himself. However, this position was not permanent.

On 15 August of the same year, in a bloody military coup, Sheikh Mujib and his family were killed. The coup was led by a group of young military officers, including Faruk and Rashid, who chose Khondaker Mostaq Ahmad as the new president, a key member of Mujib’s cabinet and leader of the BAKSAL central committee.

Mostaq's rule was also temporary. Following a counter-coup led by Khaled Mosharraf on 3 November, Mostaq had to resign on 6 November. The new president was then chosen as Abu Sadat Mohammad Sayem, the then chief justice of the Supreme Court. Subsequently, Khaled Mosharraf and his two associates were killed in the 'sepoy-people's rebellion' on 7 November, and Ziaur Rahman ascended to power. At that time, he did not assume the title of president or chief martial law administrator, allowing Justice Sayem to remain in that position.

That was a time of military rule. So there was no constitutional compulsion. On 21 April 1977, Ziaur Rahman himself assumed the presidency, forcing Sayem to resign, as detailed in the book "At Bangabhaban: Last Phase."

Zia later constitutionally took on the presidency by winning the presidential election in 1978. He remained in that position until he was killed on 30 May 1981, during a failed military coup at the Chittagong Circuit House. On that same day, Vice President Justice Abdus Sattar assumed the presidency while receiving treatment in the hospital. A presidential election was held on 15 November that year, where he defeated Awami League candidate Kamal Hossain to become president.

However, before the election, chief of Army Staff Hussain Muhammad Ershad claimed a share in governance and seized power on 24 March 1982, ousting justice Sattar. However, Ershad did not take on the presidency that day and appointed Ahsanuddin Chowdhury to the position instead. On 11 December 1983, he removed Chowdhury and assumed the presidency himself.

He legitimized this through uncontested elections on 23 October 1986. By then, martial law had been lifted, and all orders issued under that law were validated. Ziaur Rahman also validated all ordinances from the martial law period through the 5th amendment.

Ershad remained in office as president until his resignation on 6 December 1990, following a mass uprising. A interim government was formed under the leadership of justice Shahabuddin, which was praised for conducting fair and free elections. In this election, the BNP won 146 seats and formed the government with Jamaat’s assistance.

The Awami League coalition, with 100 seats, assumed the role of the opposition. Justice Shahabuddin served as the interim president until 9 October 1991. On that day, BNP-nominated candidate Abdur Rahman Biswas took office as the elected president. He served until 9 October 1996, being the first elected president to complete a five-year term. Although there was an attempt at a military coup during his tenure, it was unsuccessful.

After Abdur Rahman Biswas, Justice Shahabuddin Ahmad became president at the invitation of prime minister Sheikh Hasina. Hasina had said, "If he refuses to become president, I will stage a hunger strike in front of his house." Initially, despite some conflicts with the government, their working relationship was relatively good. However, tensions arose surrounding the 2001 elections, with the Awami League accusing the president of colluding with the chief election commissioner and Latifur Rahman’s caretaker government to defeat them. They also pressured him to annul the election, but Shahabuddin did not comply.

He remained in office until 14 November of that year, when BNP-nominated candidate Badruddoza Chowdhury was elected as the new president. However, due to conflicts with the top BNP leadership, he was compelled to resign on 21 June 2002. For the next three months, speaker Jamir Uddin Sircar served as the interim president.

On 6 September, a new president, former Dhaka University Professor Iajuddin Ahmed, was elected. He remained in office until 12 February 2009, after which Zillur Rahman took the presidency, serving from 12 February 2009, to 20 March 2013.

After that, speaker Mohammad Abdul Hamid briefly served as the interim president before taking on the presidency from 24 April 2013 to April 23, 2023. His departure from the position was notably grand and ceremonial, although no leaders from opposition parties attended the farewell event.

On 23 April 2023, Mohammed Shahabuddin became the new president. He had not been among the potential candidates for the presidency. The reasons behind Sheikh Hasina's acceptance of him remain a mystery. Questions were raised regarding many of the cabinet members appointed at that time. AHM Mustafa Kamal had often been absent during his tenure as finance minister. There were many surprises during Sheikh Hasina's rule, but the biggest surprise came when he left the country on 5 August.

Former caretaker government advisor Akbar Ali Khan highlighted the kind of respect that past governments accord to the president. During the BNP government's time, when a proposal to remove a managing director of a bank due to corruption allegations and appoint another was sent to the president, he blocked it. President Abdur Rahman Biswas had a poor relationship with finance minister Saifur Rahman. In this context, the finance minister commented, "Do you really think the person at Bangabhaban is running the country?"

According to the constitution of Bangladesh, the president performs all duties based on the advice of the prime minister, except for the appointment of the prime minister and the chief justice of the Supreme Court. Justice Shahabuddin Ahmed once said that aside from milads (prayer meets) and visiting shrines, they have no other responsibilities. During the BNP government, after being elected, a president set out from Bangabhaban to pay a courtesy visit to the prime minister, but he was stopped under the pretext of state protocol.

However, after the 13th amendment, which introduced a caretaker system, the president gained some power. At that time, the defence ministry was under the president’s authority. In 1996, during the first constitutional caretaker government, when there was a rebellion in the armed forces, president Abdur Rahman Biswas addressed it firmly. The chief advisor at that time, justice Muhammad Habibur Rahman, stated in a speech to the nation that the president had voluntarily and proactively made this decision.

But in 2007, Iajuddin Ahmed was unable to take similar decisive action. He succumbed to pressure from the military leadership, dissolved his advisory council, and formed a new one.

That advisory council was formed with the Supreme Court's opinion, and the current advisory council has also been formed based on the Supreme Court's input. After two and a half months, there is controversy over whether the former prime minister’s resignation has been submitted or not.

Many believe that the resignation of a minister who has fled the country holds no legal significance. A statement issued from Bangabhaban on Monday declared the matter settled. However, recent events indicate that this statement does not reflect reality.

The interim government's information and broadcasting advisor, Mohammad Nahid Islam, stated, "Whether the president remains or not is not currently a legal or constitutional question in Bangladesh. It is purely a political decision. Therefore, a resolution can be reached based on political consensus and national unity."

It remains to be seen what decision will emerge based on that political consensus.

*Sohrab Hassan is joint editor of Prothom Alo and a poet.

*This article, originally published in Prothom Alo print and online editions, has been written in English by Rabiul Islam