The current interim government will remain in office until the day the new Prime Minister elected through the Thirteenth National Assembly elections takes over. The rank of Chief Advisor and Advisors remains the same. People below the age of 25 will not be appointed to the Advisory Council. Besides, the legitimacy of the interim government cannot be questioned in the court. The Chief Adviser should be consulted on the validity of the declaration of emergency. The Interim Government has been brought into the legal framework with the provision that the Government shall assist the Election Commission in conducting free, fair, impartial and participatory elections and in carrying out the duties prescribed by the Constitution or any other law.

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

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 the Thirteenth Amendment was adopted in the National Parliament in 1996 by including 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, at present there is no such thing as Caretaker or Interim Government System and Chief Advisory or Advisory Council in the Constitution.

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.

In the final draft ordinance, the section on what will be the work of the interim government states that the interim government will function as a temporary or provisional government. I will help and assist the Election Commission in conducting free, fair, impartial and participatory parliamentary elections and in observing the stability prescribed by the Constitution or any other law.

Provided further that, notwithstanding anything to the contrary contained in the Constitution or any other law for the time being in force, all measures exercised by the Interim Government during the period between the formation of the Interim Government and the date (including both days) on which the Prime Minister shall next assume office after the formation of the new Parliament shall All the powers, ordinances, rules, regulations, notifications issued, orders given, actions taken, measures taken shall be deemed to have been duly executed, made, issued, given, done and accepted in accordance with law. No other court or authority including Bangladesh Supreme Court can raise any question about their validity or invalidate or invalidate them.

It is also said that if there is any defect in the formation of the Interim Government under the Interim Government Ordinance, the appointment of the Chief Advisor or any advisors, then no act shall be invalid, and no question or suit shall be filed in any court.

The draft of the new Ordinance states that the President shall act on the advice of the Chief Adviser during the Interim Government, notwithstanding anything contained in other existing laws. The Chief Adviser should be consulted on the validity of the declaration of emergency.

As to who will be advisers and their privileges, the Ordinance states that to become an adviser to the interim government, the age must be at least 25. No one below this age shall be appointed to the post of Chief Advisor and Advisor. A person who has been declared a natural person by a court, has not been discharged from liability after being declared bankrupt, has acquired the citizenship of a foreign country, or has declared or acknowledged allegiance to a foreign country cannot be appointed to these positions. Apart from this, those who have been convicted of any criminal offense involving moral turpitude and have been sentenced to imprisonment for a minimum of two years and who have not been released for five years are not eligible for appointment to these posts. Apart from this, he will not be a candidate for the Thirteenth National Parliament election and local government institution public representative election, even if he does not agree to this, he will not be appointed to the position of chief deputy or adviser. The chief adviser and advisers can resign through a written and signed letter to the president. If the post of chief adviser becomes vacant due to resignation, death or any other reason, the president may appoint one of the advisers as chief adviser.

According to the draft of the new ordinance, the chief adviser will have the rank, remuneration and privileges of the prime minister and the advisers will have the rank of ministers.