Recommendation for Interim Government After Dissolution of Parliament
The Constitutional Reform Commission has recommended forming an interim government in the event of the expiration or dissolution of the parliament, which will remain in place until the newly elected government takes the oath. The commission’s report outlines the structure and functioning of this government in detail.
On Saturday, February 9, the Cabinet Division published the report of the Constitutional Reform Commission on its website.
The commission is led by Professor Ali Riaz, with other members including Professor Sumaiya Khair, Barrister Imran Siddiq, Professor Muhammad Ikramul Haque, Senior Advocate Dr. Sharif Bhuiyan, Barrister M. Moin Alam Firozi, Firoz Ahmed, Md. Mustain Billah, student representative Md. Mahfuz Alam, and Saleh Uddin Sifat.
National Constitutional Council (NCC)
To ensure transparency and accountability in state affairs and balance among different state institutions, the commission has recommended forming a National Constitutional Council (NCC).
The NCC will be a national body comprising representatives from the three branches of the state. Its members will include:
- The President
- The Prime Minister
- The Leader of the Opposition
- Speakers of both the Lower and Upper Houses
- The Chief Justice of Bangladesh
- Deputy Speakers of both Houses, nominated by the opposition
- One member elected by a majority vote from among the remaining members of both Houses, excluding those from the ruling and opposition parties
This voting process must take place within seven working days from the formation of the legislature. In the case of a coalition government, members of coalition parties (excluding the Prime Minister’s party) will be eligible to vote for this nominee.
If the parliament is dissolved, the existing NCC members will continue in office until the Chief Advisor of the interim government takes the oath. During the absence of a parliament, the NCC will consist of:
- The President
- The Chief Advisor
- The Chief Justice of Bangladesh
- Two members from the Advisory Council, nominated by the Chief Advisor
The NCC will be responsible for recommending key state appointments to the President, including:
- Chief Election Commissioner and other election commissioners
- Attorney General
- Chairperson and members of the Public Service Commission
- Chairperson and members of the Anti-Corruption Commission
- Chairperson and members of the Human Rights Commission
- Chief and members of the Local Government Commission
- Chiefs of the Defense Forces
- Any other appointments as determined by law
Formation of the Interim Government
According to the commission’s recommendations, an interim government will be formed once the parliamentary term ends or is dissolved, and it will remain in place until the newly elected government is sworn in.
- The head of this government will be called the Chief Advisor.
- The Chief Advisor must be appointed at least 15 days before the end of the parliamentary term or within 15 days after dissolution.
- The Chief Advisor will lead an Advisory Council consisting of a maximum of 15 members.
- The tenure of the interim government will be a maximum of 90 days, but if elections are held earlier, it will cease to exist once the newly elected Prime Minister takes the oath.
Process for Appointing the Chief Advisor
The appointment of the Chief Advisor will follow a specific process:
- The NCC will nominate a Chief Advisor from outside its members, with a minimum of seven out of nine members approving the decision.
- If a decision cannot be reached, an individual will be selected from among retired Chief Justices and retired Justices of the Appellate Division, with at least six NCC members approving the choice.
- If no decision is reached in this manner, the President will assume the role of Chief Advisor based on a unanimous decision of the NCC.
- If the NCC fails to reach a unanimous decision, the most recently retired Chief Justice will be appointed as Chief Advisor.
- If the most recently retired Chief Justice is unavailable or unwilling, the previously retired Chief Justice will take the position, and this process will continue in order of retirement.
- If no retired Chief Justice is available or willing, a retired Appellate Division Judge, starting with the most recently retired, will be appointed as Chief Advisor.
This system ensures that the leadership of the interim government remains neutral and constitutionally valid.
