Dr Yunus-led interim govt legal: SC

The interim government led by Dr Muhammad Yunus that began journey on Thursday night amid an unprecedented national crisis after the ouster of Sheikh Hasina's government has been formed by the president on the advice of the Supreme Court which confirmed the legality of the stopgap administration.

"The president can appoint chief adviser and other advisers as part of the interim arrangement in the urgent need to run the state affairs to fill in the constitutional vacuum in the state," said the Appellate Division full bench led by the chief justice in a virtual meeting.

President Mohammed Shahabuddin sought advisory opinion from the Appellate Division under Article 106 of the constitution as there is no provision in the country's charter for formation of an interim government.

Before formation of the interim cabinet on Thursday night, the law ministry sent a letter to the apex court in which the president sought the opinion, reads a press release issued by the Supreme Court today.

"The Supreme Court opined that since the prime minister has resigned and the President has dissolved parliament, in such circumstances an interim government may be formed to carry out the executive functions of the State and the President may appoint chief adviser, other advisers to the interim government and may administer oath to them," the release adds.

In an earlier instance, the apex court condoned all activities of the Fakhruddin Ahmed-led caretaker government of 2007-08 for the sake of state and its people.

Though at that time, there was constitutional provision for the interim government for three months for holding the parliamentary election, the then caretaker government led by then president Iajuddin Ahmed formed immediately after the tenure of Khaleda Zia's government in 2006 plunged into political crisis and the election could not be held within the given timeframe. Amid the deteriorating political situation, Iajuddin stepped down from the chief adviser's office, declaring the state of emergency, postponing the 22 January 2007 election. The next day a new caretaker government led by Fakhruddin Ahmed was formed and it continued for around two years in office beyond the stipulated time.

The apex court in the verdict that scrapped the caretaker government system in 2011 said the nearly two-year rule of the Fakhruddin caretaker government was "absolutely unconstitutional". It, however, condoned all activities of the caretaker government for the sake of state and its people.

There is another instance. After the ouster of dictator Gen Ershad in December 1990 in the face of the opposition street movement, all opposition political parties unanimously chose then-incumbent chief justice Shahabuddin Ahmed to lead the interim government until the parliamentary election.

Their tenure ended after the Khaleda Zia-led BNP formed the government following their victory in the February 1991 election. The parliament formed through that election validated chief justice Shahabuddin's caretaker government by amending the constitution.

Later, Justice Shahabuddin returned to the office of the chief justice.

But Gen Ershad, who grabbed the state power by ousting President Justice Sattar's government in March 1982, followed Gen Ziaur Rahman's suit. He abused the parliament and passed the 7th constitutional amendment validating his takeover of power and all activities in 1986. Then he lifted martial law.

His predecessor Gen Zia's government, formed after the 1979 election with BNP emerging victorious, made the parliament pass the 5th amendment to the constitution in 1979 to validate the takeover of power by throwing Bangabandhu Sheikh Mujibur Rahman, the declaration of martial law and all activities of the martial law regime.

After being indemnified, Gen Zia lifted the martial law. Both the 5th and 7th amendments to the constitution were scrapped by the Supreme Court later. 

The Supreme Court, for the first time in the history of Bangladesh, stands by the formation of an interim government which is led by Dr Yunus to fill the constitutional vacuum.

Dr Yunus makes difference in portfolio distribution

Embarking on a new journey to lead the crisis-stricken Bangladesh for a certain period, Chief Adviser Dr Muhammad Yunus has made a difference from the previous heads of the interim governments in distributing portfolios.  

In past interim governments, each adviser was given the charge of three-four ministries.

But this time, except Dr Salehuddin Ahmed, each of the advisers of the interim government has been given a single ministry to supervise. The chief adviser has kept 27 ministries/divisions for him, according to the gazette notification of the Cabinet Division issued today.

In the first meeting of the advisory council on Friday, an initial decision was made to appoint students as assistants to interim government advisers, or similar positions, allowing them to oversee various ministries, which is a new dimension in Bangladesh politics.

"The exact structure and process for involving students in the role will be determined later," Nahid Islam, ICT adviser, told the reporters after the meeting.

Dr Yunus gave priority to expertise and experience of individuals in distribution of portfolios.

As expected, Saleh Uddin Ahmed, former governor of the central bank, was given the two portfolios – finance and planning. Dr Asif Nazrul was given the portfolio of the law, justice and parliamentary affairs ministry. Brig Gen (retd) M Sakhawat Hossain will supervise the home ministry and Touhid Hossain, former foreign secretary, will lead the foreign ministry.

Syeda Rizwana Hasan, who has long been working for prevention of the country's environmental degradation, will lead the environment.

Nahid Islam and Asif Mahmud, two of the student coordinators who led their anti-discrimination movement into a mass upsurge that toppled Sheikh Hasina's government, have been given the portfolios of information technology and youth respectively.

Three other advisers appointed by the president are yet to take oath. The way the chief adviser distributed the portfolios indicates the remaining three may get the charge of one ministry each.

If so, still two dozens of ministries and divisions will be left with the chief adviser.

Talking to TBS today, an adviser to the newly formed interim government said they inquired about the undistributed portfolios. "Let it remain like this for the time being," the chief adviser was quoted by the adviser as saying. "He will think about this."     

Two options there

Two specific options now remain open for the chief adviser.

He may either go for inducting more advisers into his team or bank on the rules of business of the government that empowers him to appoint as many advisers and special assistants as he deems necessary in public interest.

Amendments to the rules of business of the government in 2009 introduced this provision. According to section 3B, the chief advisers are empowered to determine the terms and conditions of the appointments as he deems expedient in public interest, and also allow him to let any of the advisers or special assistants attend meetings of the council of advisers or any other government committee.

Except the Fakhruddin-led emergency period interim government between 2007 and 2008, all previous caretaker governments were under constitutional obligation to carry out only routine works of the administration. They were barred from taking any policy decisions. Their top most task was to provide all necessary support to the Election Commission to hold a free and fair election.

Formed amid an utter political chaos, Fakhruddin's interim government that ruled around two years functioned as a full-fledged administration. During the period, massive electoral reforms were carried out paving the way for a free and fair election at the end of 2008.

Tall task ahead

Formed following the collapse of the Sheikh Hasina government the Yunus led interim government will function like a full-fledged government and it needs to accomplish a herculean task.

After Hasina resigned and fled the country for India in face of vigorous protest, the entire civil administration of the state seems to have collapsed. Chaos prevailed in the central bank and some other banks as the financial sector has been plagued by corruption. Policemen who were deployed by the Hasina government to crush the protest abandoned their duties and fled the police stations. Sense of insecurity among people prevailed. Incidents of robbery reported in some places. Bangladesh Secretariat, the hub of the government offices, appeared dysfunctional. Even the judiciary is in disarray too. The Supreme Court has been closed for an indefinite period. Traffic police too disappeared from the streets prompting students to take to the city streets to control traffic movement.

All these are the culmination of excessive politicisation of every institution in past years during the Hasina led government for partisan interests.

The interim government needs to carry out massive reforms to rebuild every institution and to regain people's confidence. They need to take measures to restore discipline in the banking sector, the financial sector as well as in the capital market to stop economic bleeding.

A day after swearing in offices, some advisers to the new interim government expressed their determination to rebuild every state institution such as police, civil bureaucracy, judiciary, Election Commission through reforms.

Now, as they said, their first priority is to restore law and order as the country plunged into lawlessness.

The interim government will call for a parliamentary election, advisors said today. But that will come after sweeping reforms to rebuild the state institutions.

It is not possible to discuss or fix the term of the newly formed 17-member interim government immediately, Forest and Environment Advisor Syeda Rizwana Hasan told journalists after an unofficial meeting of the advisors of the government at the State Guest House Jamuna on Friday.

"Without knowing what kind of reform you want, I can't talk about the tenure. If you don't want reform, that is a different thing. There is nothing to be restless right now by repeatedly talking about the tenure," she said replying to a question from.journalists," she said.

Adviser Syeda Rizwana Hasan on Friday said it is not possible to talk about or take a decision right now about the tenure of the inyerim government without knowing the reform agenda.