Shirin resigns as speaker; expert says no vacuum in role
Deputy speaker, or chief election commissioner can administer MP oaths
Speaker of the recently dissolved parliament of the country Shirin Sharmin Chaudhury has resigned from her position.
She submitted her resignation to President Mohammed Shahabuddin day and it has been accepted, as confirmed by a presidential notification.
However, the resignation has not created a void regarding the administration of oaths to newly elected members of parliament after the next national election, according to an expert.
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Barrister Jyotirmoy Barua, an advocate of the Supreme Court, said in the speaker's absence, the deputy speaker assumes these duties. If the deputy speaker is also unavailable, the chief election commissioner will step in to perform this task.
He said the resignation does not immediately create a vacancy according to the constitution, as the deputy speaker assumes their responsibilities.
However, Deputy Speaker Shamsul Haque Tuku, who is currently imprisoned, has neither resigned nor been removed from office, he said.
In that case, Barua said the chief election commissioner will administer the oath to the new members of parliament after the national election.
Thus, with the deputy speaker still in office and the constitution providing for the chief election commissioner to administer the oath in the absence of both officials, there is no immediate constitutional void in the speaker's duties, he added.
The advocate further said any concerns regarding the oath-taking for new MPs are addressed in the Section 148 (2) of the constitution, clarifying that no void in the speaker's responsibilities exists.
Besides, Section 74 of the constitution lists five situations that can make the Speaker's position vacant. It also says that the Speaker or Deputy Speaker will continue in their role until a new person is appointed.
