The legitimacy of the interim government cannot be questioned in the courts

The Advisory Council gave final approval to the draft Interim Government Ordinance, 2024. The draft was given final approval on September 19. The cabinet may issue an ordinance in this regard soon. News from related sources.

The Advisory Council gave final approval to the draft Interim Government Ordinance, 2024. The draft was given final approval on September 19. The cabinet may issue an ordinance in this regard soon. News from related sources.

If the ordinance is promulgated, the current interim government cannot be invalidated or annulled by raising the question of validity in any court of the country. The term of the current government will be till the day the new prime minister elected through the 13th national parliament election takes office. This information is known from a source of the cabinet department.

Cabinet Secretary Dr. Sheikh Abdur Rashid told the media that after the draft of the ordinance was approved in the meeting of the advisory council, more tests are going on. If final, orders will be issued in the form of ordinances as per rules.

Related sources say that on March 27, 1994, Awami League, Jamaat-e-Islami and Jatiya Party held a joint press conference at Jatiya Sangsad Bhavan where they announced the outlines of this caretaker government. The Thirteenth Amendment was passed in the National Parliament in 1996 to include the caretaker government system in the Constitution. A seven-judge full appellate bench headed by former Chief Justice ABM Khairul Haque ruled on May 10, 2011 declaring the Thirteenth Amendment to the Constitution null and void. A month and a half later, the previous Awami League government abolished the caretaker government system during the fifteenth amendment of the constitution adopted by the parliament on June 30.


Former Prime Minister Sheikh Hasina resigned and went to India on August 5 in a student-led coup. He is staying there. Dr. August 8 in special circumstances. An interim government was formed under the leadership of Muhammad Yunus. However, as a result of the fifteenth amendment of the Constitution, the Non-Party Caretaker Government has been abolished, and currently there is nothing in the Constitution as Caretaker or Interim Government System and Council of Chiefs or Advisors.

For this reason, the Advisory Council gave the final approval of the Interim Government Ordinance, 2024 on September 19, so that the legal basis of the interim government does not arise.

The Ordinance prescribes the rank, privileges and immunities of the Chief Advisers and Advisers of the Interim Government as those of the Chief Advisers and Advisers of the defunct Caretaker Government. However, the maximum number of advisers was fixed in the previous caretaker government system, but now the maximum number of advisers is not fixed. In the draft ordinance prepared by the Department of Law and Justice, the clause regarding the term of the Interim Government states that the Interim Government shall remain in place from the date on which the Chief Adviser assumed the duties of the Chief Adviser to the Interim Government until the date when the new Prime Minister assumes office after the formation of the Thirteenth National Parliament. Earlier in the constitution, the term of non-party caretaker government system was 90 days.


Monirul Islam

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