Interim government structure: What Constitution Reform Commission recommends
The Constitution Reform Commission has recommended the formation of an interim government after the expiration of a legislative assembly's term or if the assembly is dissolved, until the newly elected government takes the oath of office.
In the first part of its report, published today (8 February), it suggested presenting specific proposals for an interim government structure are also among the recommendations.
The head of the interim government will be referred to as the "Chief Adviser." A decision regarding the appointment of the chief adviser must be finalised at least 15 days before the expiration of the assembly's term or within 15 days of the dissolution of the assembly. The chief adviser will carry out the functions of the government through a maximum of a 15-member advisory council.
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Its term will be a maximum of 90 days. However, if the election is held earlier, the term of this government will end as soon as the new prime minister takes the oath of office.
The commission recommended that the appointment of the chief adviser of the interim government be made in the following sequential manner, based on the eligibility of individuals to be members of the legislative assembly –
From the nine members of the National Constitutional Council (NCC), a decision by at least seven members will appoint an acceptable person from among the citizens, other than the members of the NCC, as the chief adviser.
If the decision as mentioned is not possible, an acceptable person will be appointed as the chief adviser from among all retired chief justices and retired judges of the Appellate Division, based on the decision of at least six members of the NCC.
If that is not possible, the president will take additional responsibility as the chief adviser through unanimous decision of all NCC members.
If the NCC is unable to make a unanimous decision, the most recently retired chief justice of Bangladesh will be appointed as the chief adviser.
If that individual is not available or refuses to serve, the chief justice who retired immediately before them will become the chief adviser. Similarly, if this individual is not available or refuses to serve, the chief justice who retired immediately before them will be appointed.
If no retired chief justice is available or if they refuse to serve, the most recently retired judge from the Appellate Division will be appointed as the chief adviser.
If not, the judge who retired immediately before them will serve. Similarly, if this individual cannot serve, the judge who retired immediately before them will be appointed.
The Constitution Reform Commission has identified seven key areas crucial for establishing a functioning democracy, ensuring fundamental human rights, and promoting accountability.
These areas include enshrining "equality, human dignity, social justice, pluralism, and democracy" as core principles of the constitution and the state, reflecting the ideals of the 1971 Liberation War and the aspirations of the 2024 mass uprising.
Establishing an institutional balance of power, reducing the absolute power of the prime minister, and presenting specific proposals for an interim government structure are also among the recommendations.
It proposed decentralising the judiciary, strengthening local government systems, and expanding the scope of fundamental rights and ensuring their constitutional protection and enforceability.
