Bangladesh’s interim government led by Nobel laureate Muhammad Yunus was sworn in on Thursday (August 8). However, the interim government may rule far beyond the constitutionally mandated three-month period as BNP-Jamaat and like-minded political parties agreed to give necessary time for creating an atmosphere conducive to holding a free and fair election and reform some system what they said as ‘corrupted’.

Following Sheikh Hasina government’s fall on August 5 and widespread chaos and political vacuum, Bangladesh may see a repeat of the 2006–08 political crisis in which an “interim” government, remained in power far beyond the constitutionally mandated three-month period. According to Article 123 (3) of Bangladesh’s constitution, elections must be held within 90 days of dissolution of parliament.

Nitai Roy Chowdhury, state minister of law in the Hussain Muhammad Ershad administration (1983-1990) told media that since parliament was dissolved under abnormal circumstances, the ‘Doctrine of Necessity’ may come into play.

“Parliament has not expired under normal circumstances. In an ‘extraordinary situation’ like the current times, the ‘Doctrine of Necessity’ in various interpretations of Supreme Court judgments, says elections must be held as soon as possible but no exact time frame is given. The new interim government will have to first bring order to the country and then examine this doctrine,” Chowdhury added.

The doctrine of necessity states that administrative acts that are otherwise not lawful are made lawful by ‘necessity’. In the case of present Bangladesh, this may refer to the necessity to restore law and order amid violent protests.

The Bangladesh constitution mandates that fresh elections have to be held latest by mid-November, since parliament was dissolved on 6 August.  

What does the constitution say?

According to Article 123 (3) (b), a general election of legislators must be held within 90 days of dissolution of parliament.

It states: “A general election of the members of Parliament shall be held; (a) in the case of a dissolution by reason of the expiration of its term, within the period of ninety days preceding such dissolution; and (b) in the case of a dissolution otherwise than by reason of such expiration, within ninety days after such dissolution.”

The constitution, though, also has an “act of God” caveat.

“In a case where, in the opinion of the Chief Election Commissioner, it is not possible, for reasons of an act of God (exceptional circumstances), to hold such election within the period specified in this clause, such election shall be held within ninety days following next after the last day of such period,” reads the provision.

This means the constitution allows a maximum of 180 days for the next election to be held, in exceptional circumstances. In such a situation, parliament must meet within 30 days of the declaration of results.

As the government fall happened in an unprecedent circumstance, major political parties in favor of giving ‘necessary time’ to the interim government. But as the government fall happened in an unprecedent circumstance, major political parties in favor of giving ‘necessary time’ to the interim government.

Interim Govt to Get Necessary Time

Seven political parties, including the BNP and Jamaat, on August 12 said Prof Muhammad Yunus-led interim government can take the time necessary for creating an atmosphere conducive to holding a free and fair election.

Along with the BNP and Jamaat, Amar Bangladesh Party, two factions of Gono Adhikar Parishad, Bangladesh Jatiya Party, and National Democratic Movement also agreed to give the time.

BNP Secretary General Mirza Fakhrul Islam Alamgir told journalists, "We have given this interim government the time required to create a proper environment for holding an election."

He said they did not discuss the election and that the BNP did not mention any specific time frame for holding the next election.

Fakhrul said his party was extending its full support to all the activities of the interim government.

Jamaat Ameer Shafiqur Rahman told the media that his party's discussions with the interim government focused on national issues, not party specifics.

"We are hopeful that the interim government will solve various problems within a reasonable time," he said.

Nurul Haque Nur, who led another faction of the Gono Odhikar Parishad, said they placed a 14-point demand before the chief adviser. "We have urged the swift implementation of reforms and preparation of a roadmap for national elections."

However, Bangladesh Awami League is in favor of holding elections within 90 days after facing setback in recent countrywide protest.

Former prime minister Sheikh Hasina's son Sajeeb Wazed Joy on August 13 said, “….elections are held within the constitutional timeframe of 90 days, that the mob rule is stopped and that the Awami League is allowed to campaign and reorganize. If that is ensured, I'm still confident that we will win the election… We still remain the most popular party.”

However, if the interim government failed to hold election on right time, it will create constitutional crisis and political turmoil like the country witnessed in 2006-08.

The 2006-08 crisis

From 2006 to 2008, Bangladesh experienced a political crisis. The military, under Army Chief Moeen Uddin Ahmed, intervened to support a caretaker government after a state of emergency was declared. This government remained in power for two years, exceeding the constitutional three-month limit.

Previously, neutral caretaker governments (NCGs) were used before national elections in Bangladesh to ensure peaceful power transitions. NCGs comprised non-partisan individuals responsible for overseeing fair elections.

The NCG system was introduced in 1996 by the Bangladesh Nationalist Party (BNP) government led by Khaleda Zia. The Thirteenth Amendment established an eleven-member NCG headed by a former Supreme Court chief judge.

In 2004, Khaleda Zia's government amended the retirement age for Supreme Court judges, seen as an attempt to influence the selection of the NCG's chief advisor.

This sparked protests led by Sheikh Hasina's Awami League, demanding a different chief advisor. The resulting unrest led to street violence. When the NCG proposed new elections for 2007, the Awami League boycotted. In January 2007, Army Chief Moeen Uddin Ahmed intervened to support the NCG.

Elections were finally held in 2008, two years later than planned. Hasina's Awami League won and took power in 2009, ending three years of indirect military rule in Bangladesh.