Constitution, limitations and international context

The overthrow of a government and the formation of a new government through popular uprising is a complex and sensitive process. Already Professor Dr. An interim government was formed under the leadership of Muhammad Yunus. Many people think that a specific path has to be crossed in order to establish Bangladesh as a democratic state. While there are constitutional provisions to manage such situations that have arisen through student revolutions, some constitutional limitations are also being observed. However, there are many questions and concerns about how the new government will be run and how long it will remain in power. In particular, it is necessary to analyze in detail whether it is possible to have a long unelected government in a particular situation and what the experience of other countries says about it.

Constitution and government formation of Bangladesh

According to the constitution of Bangladesh, the elected parliament is in power for five years. But, if the parliament is dissolved or the government expires in the post-election period, there is an obligation to hold a new election within 90 days, as stipulated by Article 72(2) of the Constitution. In the 1991 election, when Jatiya Party chief Hussain Muhammad Ershad was ousted, the Election Commission held elections within 90 days and BNP won.

If holding elections is not possible under special circumstances, such as national calamity, war or serious political unrest, the President can issue an ordinance under Article 93 of the Constitution, which can be seen as temporarily allowing the government to remain in power. However, this ordinance is legally valid for a limited period and can usually be used until a government is formed through elections. After the assassination of Sheikh Mujibur Rahman in 1975, an ordinance was issued that paved the way for military rule and the administration of a provisional government.

Long-term government in special circumstances

In Bangladesh there are certain rules for the long-term tenure of the government under special circumstances:

state of emergency: According to Article 141(A) of the Constitution, when a national emergency is declared, the government can extend its duration if necessary. In such a situation the government can stay in power for two years or more. On the other hand, the next parliament can retrospectively approve the tenure of this government.

interim measures: The Awami League government abolished the caretaker government system through the fifteenth amendment of the constitution in 2011. However, in exceptional circumstances, if the elections are not held, the interim government is responsible for holding the elections within 90 days. However, if necessary, many people think that the period can be extended, in that case it is important to check whether the matter can be approved by the court. In 2007–2008, an interim government was formed in Bangladesh due to political unrest. This government was in power for about 2 years and a new government was formed through elections.

International examples are also important for understanding the process of popular uprisings and subsequent government formation. After the 2011 Egyptian revolution, Hosni Mubarak's government fell. The military took power and formed an interim government. They were in power for about two years. During this time a new constitution was drafted and elections were held. After the fall of Morsi's government in 2013, the military installed an interim government and new elections brought the current president, Abdel Fattah al-Sisi, to power. He is still in power.

A military coup overthrew a democratic government in Thailand in 2014, and the military remained in power for nearly five years. The military runs an interim government and slowly moves towards elections. The 2019 elections ended Thailand's military rule and installed a new democratic government.

Pervez Musharraf came to power in a military coup in Pakistan in 1999 and remained in power for nearly eight years with multiple extensions. However, during this period political unrest in the country and discontent among the people increased. Musharraf tried to stay in power for a long time by declaring a state of emergency in Pakistan in 2007, but this resulted in increased political instability and public opposition.

Legal and ethical limitations of long-term government

The establishment of a long-term government in a democratic state can be questioned as to how legitimate and morally acceptable it is, especially in the absence of elections. Bangladesh's constitution does not directly provide for an unelected long-term government, but some flexibility is provided in case of emergency.

If the government is in power for a long time without the people's mandate, it strikes at the roots of democracy and the rule of law may be questioned.

Constitutional constraints, special circumstances and international context have to be taken into account in the process of government formation in Bangladesh after a popular uprising or revolution. In special circumstances, the government can remain in power for two years or more, but this requires public support and legal approval. From the experience of other countries, it is said that the government should be managed in terms of maintaining the rights of the people and the rule of law, without harming the roots of democracy. Ultimately, the only way is to take the necessary steps for the long-term stability and peace of the country through the establishment of a people's government through a free, impartial, inclusive election.

the writer: Poet, Researcher, Columnist, Paris, France.

B. Dr. Authority is not responsible for the opinion.

Bangladesh /MP