A few words about the interim government in this transitional period

After the resignation of Sheikh Hasina in the face of the students' movement, the issue of preserving the constitutional continuity deserves serious discussion. According to Article 57 of the Constitution, the resigned government continues until the next prime minister is elected. That continuity is not possible in the context of mass movements.

On August 6, the President dissolved Parliament. As demanded by the protesting students, an interim government is expected to be formed soon. There is no direct provision in the current constitution for the formation of an interim government after the dissolution of the caretaker government. However, in view of a successful movement and to reflect the will of the people who hold all the powers of the state under Article 7 of the Constitution, the President can appoint this interim government.
According to Article 48, the President is the Head of the State of Bangladesh. He can exercise the powers conferred by the constitution and laws of the land. As the newly resigned Prime Minister's government is absent from office, the President can form an all-popular interim government to preserve the continuity of the Constitution. In the emerging situation, the newly formed government will exercise state power on the model of parliamentary government. The President will exercise his powers in consultation with the newly formed Head of Government (or Chief Adviser). If the parliament is formed after the new election, that parliament can ratify and support the activities of the above interim government.
An alternative approach is to appeal to the Appellate Division of the Supreme Court for review of the decision to quash the caretaker government. If the hearing is held on an emergency basis, the Appellate Division may overturn the judgment and reinstate the supervisory order. A universal caretaker government can then be established according to the constitution.
Whichever approach is adopted, the transitional government introduced must maintain a constitutional continuity. The President's order should refer to the above provisions of the Constitution. The people are the source of all power and the interim government will assume responsibility as a reflection of their will.
The people who get a place in this government will be people who are not related to politics. The government should be made up of experienced, determined and undisputed people in administration, law, economy, foreign policy and education. I hope that if the people of the country forget their differences and cooperate with this government, they will succeed in creating a stable environment in the country.

Dr. Ridwanul Haque is a former professor of Law Department of Dhaka University