Will the interim government thrive?

Dr Yunus at the swear-in ceremony. Photo: Rajib Dhar

On 5 August, 2024, following a large-scale student-public uprising, the government of Sheikh Hasina collapsed, marking a pivotal moment in Bangladesh's political landscape. Amidst mounting public pressure for reform, the government fled, creating a vacuum that was quickly filled by an interim administration led by Chief Adviser Professor Yunus.

While these demands are well-founded, they reflect grievances that have accumulated over the last decade and a half. The legitimacy of this interim government was solidified when the Supreme Court, invoking Article 106 of the Constitution, provided its legal endorsement. However, the nature of this government, not explicitly provided for by the current Constitution, has sparked debates about its legitimacy, duration, and ability to enact meaningful reforms.

A Legacy of governance challenges

The concept of an interim or caretaker government is not new in Bangladesh. Introduced in 1996, it was abolished in 2011 through the 15th Amendment, which cited issues like the politicisation of the judiciary and an erosion of public confidence in the Supreme Court. Today, however, Bangladesh finds itself once again governed by an interim administration, despite the absence of constitutional provisions for such a system.

The legitimacy of this new government rests on two key legal principles: the Doctrine of Necessity and the Doctrine of Continuity. The Doctrine of Necessity posits that, in extreme situations where the normal functioning of the government is at risk, certain legal principles may be temporarily set aside to prevent greater harm and ensure the continuity of essential state functions. Meanwhile, the Doctrine of Continuity ensures that the state's operations continue uninterrupted despite the constitutional void. These doctrines, paired with public demands for change, create a legal and moral framework for the interim government's existence.

Duration of the interim government 

One of the most pressing questions is how long this interim administration will remain in power. Many political parties, including the Bangladesh Nationalist Party (BNP), have called for early elections, ideally within three to six months. However, the Constitution provides no explicit timeline for this type of government, creating a constitutional ambiguity that has ignited debates over its tenure and legitimacy.

Given the lack of clear guidance, public perception will be crucial in determining the interim government's duration. Should the government carry out its duties effectively and in good faith, it could potentially remain in power longer than anticipated. Additionally, the President could promulgate an ordinance under Article 93 of the Constitution, granting legislative authority to extend the government's mandate.

The Path to reforms

Although the interim government has only been in power for two months, it is already clear that comprehensive reforms are urgently needed across all sectors. Yet, meaningful reform may be difficult to achieve without a fully representative political government. While there is significant pressure from political parties to hold elections swiftly, the interim government must also balance this with the pressing need to reform and democratise key institutions.

If the interim government can embark on this path of reform—addressing corruption, strengthening democratic institutions, and restoring public trust—there is a strong possibility that it will gain widespread support. The success of these reforms will be critical to the government's ability to maintain legitimacy and achieve lasting change.

International support and early diplomatic successes

On the international stage, the interim government has garnered substantial backing from global leaders, who have expressed their willingness to support Bangladesh during this transitional period. Professor Yunus has already made significant diplomatic headway, securing a notable victory when the President of the United Arab Emirates (UAE) pardoned 57 Bangladeshi nationals imprisoned for supporting the recent student-public uprising.

Further demonstrating its commitment to reform, the interim government signed the instrument of accession to the International Convention for the Protection of All Persons from Enforced Disappearance on August 29. With this move, Bangladesh became a party to all nine core human rights treaties, reaffirming its dedication to upholding freedom, fairness, and justice for all.

Will the interim government thrive?

There is widespread belief among the people that Professor Yunus, like Nelson Mandela, will play a crucial role in laying the groundwork for free and fair democratic elections. Expectations are high that the interim government will work towards establishing judicial independence, creating a Truth and Reconciliation Commission to address past injustices, and undertaking far-reaching economic reforms to restore macroeconomic stability.

The interim government also faces the challenge of combating corruption and mismanagement, which have long plagued the nation. By prioritising good governance, the administration has the potential to set a solid foundation for a peaceful and unified future for Bangladesh.

Despite these positive developments, there are still troubling signs of unrest, particularly regarding mob justice and violence. In recent incidents at Dhaka University (DU) and Jahangirnagar University (JU), some students have been accused of assaulting individuals, forcing institutional leaders to resign, and engaging in vandalism. These actions, though instigated by a minority, threaten to undermine the progress made by the student-public movement.

The interim government must take swift and decisive action to curb these occurrences, as failure to do so could lead to greater instability and jeopardise the legitimacy of its administration. If unchecked, these violent outbreaks could unravel the achievements of the recent uprising and put the nation at risk of further unrest.

The interim government of Bangladesh, under the leadership of Professor Yunus, stands at a crossroads. Its ability to carry out comprehensive reforms, restore public trust, and stabilise the nation will determine its long-term success. While the challenges ahead are immense—ranging from constitutional ambiguities to political pressures—the promise of a more democratic and transparent future remains within reach.

By focussing on good governance, transparency, and international cooperation, the interim government has the opportunity to guide Bangladesh through this critical period of transition. However, swift and visible actions are necessary to prevent unrest from derailing the progress made so far. If these challenges are met, the interim administration may indeed pave the way for a brighter and more unified future for Bangladesh.

Md Mamonor Rashid is an advocate, Supreme Court of Bangladesh & partner of Law firm-LEX SQUARE.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.