Draft ordinance: No questions to be raised regarding formation of interim government

The term of the interim government will last until the new prime minister takes office following the formation of the 13th National Parliament. 

The draft ordinance states that any lacking in the formation of the interim government, the appointment of the chief adviser, or any other advisor will not render any of their actions illegal solely for that reason. No questions regarding this can be raised in any court, nor can any legal case be filed, reports Prothom Alo quoting interim government sources.

With these provisions, the draft of the interim government ordinance has been finalised. Although the draft was approved in the Advisers' Council meeting on 19 September, it has not yet been issued as an ordinance. It is now awaiting issuance.

In the face of a student-led uprising, the Awami League government was removed from power on 5 August. The next day, the president dissolved the 12th National Parliament. On 8 August, after consulting the Appellate Division, Dr Muhammad Yunus was appointed as chief adviser, and the interim government was formed. On that day, the president administered the oath to the chief adviser and other advisers.

According to government sources, the relevant authority needs to address the constitutional crisis and give the interim government the power to carry out the executive functions of the state in the current situation. This ordinance is being issued for that purpose, and the president will issue it.

However, the draft ordinance does not specify the exact number of advisers for the interim government. It states that the interim government will consist of a chief adviser and as many advisors as deemed necessary by the chief adviser. The president will appoint a renowned and reputable person as the chief adviser, and other advisors will be appointed on the advice of the chief adviser, as mentioned in the draft ordinance.

To be eligible for the positions of chief adviser or adviser, candidates must agree not to run in the elections for the 13th National Parliament or as public representatives in any local government institution.

Currently, the interim government includes Dr Muhammad Yunus as chief adviser and 20 other advisers.

Regarding the exercise of executive power of the Republic, the draft states that the interim government will assist and support the Election Commission to conduct free, fair, neutral, and participatory elections for members of parliament, as well as to perform any other duties as prescribed by the constitution or other laws.

According to the draft ordinance, regardless of any provisions in the constitution or other prevailing laws, all powers exercised, ordinances issued, rules and regulations established, notifications, orders, activities, and measures undertaken by the interim government during the period between its formation and the date the new prime minister assumes office (including both dates) will be deemed to have been lawfully executed. Neither the Supreme Court nor any other court or authority will have the power to question their legality or declare them invalid or void.