The resignation of Sheikh Hasina from the post of prime minister, following an unprecedented student uprising and the dissolution of parliament, has set the stage for the formation of an interim government in Bangladesh.
The process of forming this interim government is already underway and is expected to be finalised within a day or two. There is ongoing discussion about the timeline and composition of this government, with legal experts offering varied opinions on the matter.
According to senior Supreme Court lawyer Manzil Morsed, there are two main factors to consider in this process: the constitution and the popular uprising. Manzil explains that while a mass uprising is not a formal legal process and is not addressed in the constitution, those who led the uprising may dictate the formation of the interim government. Although this may not align with the traditional procedures of a caretaker government, it can later be formalised into law. The victors of the uprising, therefore, have the opportunity to shape the interim government, which can subsequently be structured in accordance with the constitution.
Barrister Kaiser Kamal, another Supreme Court lawyer, notes that the formation of the government follows the dissolution of parliament. He draws parallels to the 1990 scenario, when an interim government was established following the fall of Hussain Muhammad Ershad, based on a consensus among the three major political alliances. Similarly, the current interim government could be formed through a consensus that includes active politicians from across Bangladesh and representatives from the anti-discrimination student movement.
Kaiser adds that the president has been holding meetings with representatives from the student movement, civil society members, journalists, university teachers, and intellectuals. The structure of the interim government will likely be outlined in these discussions, with decisions made in the best interest of the country.
Supreme Court lawyer Barrister Aneek R Haque points out that there is a precedent for forming interim governments in Bangladesh, and this process has also occurred multiple times in Pakistan. He emphasises that while the constitution serves the people, it has been flexible in the past, as seen in 1990 when a caretaker government was established without prior constitutional provision. The formation of the current interim government could follow a similar path, adhering to principles of past precedents while ensuring legal validity in the future.