CEC has no legal authority to administer oath to Constitutional Reform Council: Salahuddin

The chief election commissioner (CEC) does not have the legal authority to administer the oath of the proposed Constitutional Reform Council, BNP Standing Committee member Salahuddin Ahmed said today (16 February).

Speaking to BBC Bangla, Salahuddin said that the CEC holds the constitutional authority to swear in the lawmakers under the circumstances. However, he added that the CEC does not have the legal jurisdiction to administer any oath related to the proposed Constitutional Reform Council, noting that such authority is not recognised under the law.

Earlier in the day, speaking to reporters in front of the BNP chairperson's political office in the capital's Gulshan at noon, he said, "If the Constitutional Reform Council is incorporated into the Constitution through an amendment, and if a specific oath format is included in the Third Schedule of the Constitution with a designated authority to administer that oath – only after all these conditions are met could such a process take place."

However, according to a letter issued by Election Commission to government agencies, Chief Election Commissioner AMM Nasir Uddin will administer the oath to 296 newly elected members of parliament and members of the Constitution Reform Council.

A press release issued by the Parliament Secretariat said the newly elected MPs will first be sworn in as members of parliament (MPs), followed by their oath-taking as members of the Constitutional Reform Council at 10am tomorrow.

Uncertainty remains over whether the MPs elected from BNP will take the oath as members of the Constitutional Reform Council, as the party believes the existing Constitution contains no provision for such a council, reports UNB.

While the Third Schedule of the Constitution specifies the oaths for various offices, including that of members of parliament, it does not mention any oath for members of a Constitutional Reform Council.

Responding to questions from journalists, Salahuddin said the constitutional responsibility of the Election Commission is to conduct the national parliamentary and presidential elections.

The BNP leader explained that constitutionally, if the Speaker or Deputy Speaker is unavailable, unable, or has not nominated a representative, the second option is for the CEC to administer the oath to the elected MPs.

Salahuddin also said his party will welcome any move by the opposition to form a 'shadow cabinet', as the practice exists in many developed democracies.

"In many developed democracies, the opposition forms a shadow parliament. If they take such a step, we will welcome it," he said while talking to reporters in front of the BNP Chairperson's Gulshan office.

Earlier, on Sunday, Jamaat-e-Islami leader Shishir Monir and NCP leader Asif Mahmud announced the formation of a shadow cabinet through their posts on the social media.

Before Salahuddin Ahmed, BNP Standing Committee member Amir Khosru Mahmud Chowdhury spoke to journalists, expressing hope that the opposition will play a democratic role in Parliament in the interest of the country.

He mentioned that the new BNP government will face several major challenges in running the country. "We want to move the country forward in a united manner."

Referring to major challenges across sectors such as education, healthcare and the economy, Khosru said, "All the institutions have been destroyed. There are challenges in restoring them as well. So we must confront these challenges. The trust that the people have placed in us will remain at the forefront of our minds."