As political excitement and anticipation peak following the 13th National Parliament election, another important constitutional question has emerged — who will administer the oath to the newly elected Members of Parliament (MPs)? According to the Constitution, the Speaker of the outgoing parliament usually administers the oath to the newly elected members. However, in the current circumstances that conventional provision cannot be implemented. As a result, debate has intensified over whether the oath may be administered by a person nominated by the President — particularly the Chief Justice — or by the Chief Election Commissioner (CEC).
Constitutional Provisions and Current Reality
Article 148 of the Constitution of Bangladesh outlines the procedure for oath-taking. Under Articles 148(1) and 148(2), MPs take oath before the Speaker or a person nominated by the Speaker. Article 148(2A) further provides that if the Speaker fails to administer the oath within a specified time, the Chief Election Commissioner may administer it under certain conditions. Schedule-3 of the Constitution also mentions alternative arrangements.
In the present situation, however, neither the Speaker nor the Deputy Speaker of the National Parliament is effectively in office. Following the mass uprising of 2024, Speaker Shirin Sharmin Chaudhury resigned on September 2. Earlier in August, Deputy Speaker Shamsul Haque Tuku was arrested. Consequently, the provision in Article 74(6), which considers the previous Speaker or Deputy Speaker to remain in office until a new one assumes duty, has effectively become inoperative.
Under such circumstances, the key question arises — who will administer the oath to the newly elected MPs?
Law Adviser: Two Options Available
Law, Justice and Parliamentary Affairs Adviser Dr. Asif Nazrul has clarified that two constitutional options remain open in the current situation.
Speaking to journalists at the Secretariat on Thursday, he said that under normal circumstances the Speaker administers the oath, and in the absence of the Speaker, the Deputy Speaker does so. But if both are unable to perform their duties, alternative provisions apply.
He explained, “The law provides that if the Speaker and Deputy Speaker cannot administer the oath, a person nominated by the President may do so, on the advice of the Chief Adviser. The Chief Justice may be an example. Secondly, if the oath is not administered within three days, the Chief Election Commissioner may administer it.”
Dr. Nazrul added that the government wants to minimize the post-election transition period. Therefore, arrangements may be made for oath-taking through a presidential nominee to avoid waiting three days.
Possibility of the Chief Justice
Government sources indicate that a proposal is under consideration to have the oath administered by the Chief Justice of the Supreme Court, Justice Zobayer Rahman Chowdhury, as the President’s nominee. Policy-level discussions on this matter have already taken place.
According to the Parliament Secretariat, a document seeking legal opinion was sent to the law adviser on January 28. After legal vetting, the proposal will be forwarded in summary form to the Office of the Chief Adviser. Once approved by Chief Adviser Dr. Muhammad Yunus, it will be sent to the President’s office. Upon presidential consent, an official order will be issued, and in that case the Chief Justice would formally act as the President’s nominated person.
Election Commission’s Position: CEC Also Ready
Meanwhile, the Election Commission has clarified its own position. Election Commissioner Abdur Rahmanel Masud stated that under the Constitution, the Chief Election Commissioner can administer the oath to newly elected MPs in the present circumstances.
According to the EC’s explanation, if the Speaker or a nominee does not administer the oath within three days of the gazette publication, the Chief Election Commissioner may conduct the ceremony within the following three days. Furthermore, if both the Speaker and Deputy Speaker are absent, the CEC may administer the oath with presidential approval.
However, the law adviser emphasized that the government does not want to delay the process and is eager to make the new parliament functional as quickly as possible.
Timeline for Transfer of Power
The interim government has also announced plans for a swift transfer of power after the election. Chief Adviser’s Press Secretary Shafiqul Alam said that following voting on February 12, the leader of the majority party may take oath as Prime Minister on February 15 or 16.
Speaking at a briefing held at the Foreign Service Academy in the capital, he stated that the government aims to hand over power in the shortest possible time. In other words, election results, gazette notification, oath-taking, and formation of the new government are all expected to be completed within a brief period.
Constitutional Importance and Political Significance
Analysts note that the oath-taking of MPs is not merely ceremonial; it is a constitutional prerequisite for parliament to function. Only after taking oath can an elected member formally perform duties. Therefore, any delay in the oath ceremony may delay parliamentary activities as well.
In the current context, the absence of both Speaker and Deputy Speaker has created a constitutional complication. However, since the Constitution provides multiple alternatives, a solution remains available.
Government sources say that among all possible options, the one that is most acceptable and quickest to implement will be chosen.
What Happens Next?
The final decision now depends on policy approval and presidential consent. If the oath is administered by the Chief Justice, it will be under the provision of a presidential nominee. If three days pass or another option is chosen, the Chief Election Commissioner may conduct the ceremony.
Overall, the oath-taking of MPs has become a crucial stage in the post-election political process. Stakeholders expect that the new parliament will begin its journey soon through a constitutionally sound and timely decision.