Rayhan Ahmed Tapadar- Writer, Researcher and columnist ঃ As the history of Bangladesh is long, so is the history of Bengali movement and struggle; Some of which are memories of bloodbath, and some are stories of victory. Bangladesh has been created through history. Movement-struggle runs in the veins of the people of this country. The birth of independent Bangladesh through bloody liberation war. Every time an authoritarian ruler has emerged in an independent country, the masses have ensured the fall of that government through mass movements. History has recorded the triumph of every mass uprising. This time is no exception. On August 5, people from all walks of life marched towards Dhaka, breaking the curfew to observe the program ‘March to Dhaka’ taken by the anti-discrimination student movement. Meanwhile, the country’s ruling government resigned in the face of intense protests. Bangladesh Army Chief General Waqar-uz-Zaman has decided to form an interim government after the resignation of Sheikh Hasina after discussing with all parties and said that the country will be run through that government. Besides, he requested everyone to trust the army by promising to prosecute all killings and injustices. At the same time, he urged everyone to cooperate. As much as there is jubilation across the country as the student-citizen uprising was successful, there is no denying that the country is facing as much anxiety and uncertainty. After the resignation of Sheikh Hasina in the face of the students’ movement, the issue of protecting 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. According to the demands of the protesting students, it has been decided to form the next interim government of the country headed by Nobel laureate economist Dr. Yunus. President Md. Bangabhaban on August 6. This decision was taken in a meeting with Sahabuddin, the heads of the three forces and the coordinators of the student movement. Dr. Yunus was a teacher. Bank establishment from there. Later Professor Muhammad Yunus won the Nobel Peace Prize with that bank. Since then, Professor Yunus gained fame beyond Bangladesh and in the world. Others who are in this interim government are: Saleh Uddin Ahmed, Dr. Asif Nazrul, Adilur Rahman Khan, Hasan Arif, Tauhid Hossain, Syeda Rezwana Hasan, Md. Nahid Islam, Asif Mahmud Sajeeb Bhuiyan, Brigadier General M Sakhawat Hussain, Supradeep Chakma, Farida Akhtar, Bidhan Ranjan Roy, AFM Khalid Hasan, Noor Jahan Begum, Sharmin Murshid and Farooq-e-Azam. They all took oath on August 8, 2024. 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 on the advice of the newly formed head of government or the chief adviser. If the parliament is formed after the new elections, 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. Then a universal caretaker government can 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. During the ongoing transition, necessary reforms should be brought in the important sectors of restoring state and order, bringing transparency in public policy and resource management.
There is no time to sit. The list of useful tasks is really long. Among these, the tasks that need to be given immediate attention, such as: the formation of an interim government as soon as possible after adequate consultation with the students as stakeholders. From the mirror to the release of royal prisoners, security of state assets and lives must surely be considered the highest priority of the moment. Creating a new political settlement will be important in reforming the state. Reducing the power of the prime minister, decentralizing the power of the secretariat, increasing the power of the heads of all government and autonomous institutions, creating balance in the parliament-judiciary-bureaucratic system. In the judicial department, Awami anarchy and factionalization must be stopped and the foundation for establishing justice in the country should be laid. Most important is the creation of dozens of independent institutions, where the less powerful Prime Minister’s Office can no longer poke its nose. There is a need for constitutional reforms in the country so that no prime minister becomes a dictatorship in the legal framework. Implementation of this vision has short, medium and long term implications. But the immediate priority is to revive the economy with great speed. A separate national task force should be ensured to stop banking governance and management anarchy, recover bad loans, stop money laundering, stop revenue leakage, rectify statistical fraud, restore employment and investment situation.
Besides, a task force should be formed with experts to determine the LC quality and monetary policy should be reviewed. Here subject matter experts should be found without giving importance to bureaucrats. All state surveillance mechanisms need to be reviewed. Government communications will remain insecure if those who have access to these sophisticated systems are not quickly forensicized. This will leave an opportunity to create instability in the government. Internet and telecom sector monitoring, NTMC and the mechanism of law-full interception should be brought under audit and monitoring.Businesses need to quickly appoint political funding, smuggling and debt-friendly industrial groups and business administrators without panicking businessmen. So that no company can ‘sabotage finance’. A separate task force should be formed on corporate sector revenue leakage. Finally, the recent student movement that eventually led to Hasina’s downfall, started with a simple demand for abolition of quota in government jobs. The quota movement started very peacefully from Dhaka University. From there it spread to other elite private educational institutions and then to the general public across the country. The situation turned heated when members of Bangladesh Chhatra League, the Awami League’s student body, started attacking the protesters. It transforms an apolitical movement into a larger insurgency. All resistances taken by Hasina to face this rebellion failed. The decision to deploy police and paramilitary forces to quell the students late last month backfired. This ignited the anger of a large number of people.
A strict curfew with shoot-at-sight orders further strengthened the movement. Sheikh Hasina termed the protestors as ‘Rajakars’, adding to their excitement. As the protest gained momentum, the students received support from various sections of the society, including their parents, teachers, cultural workers. The demand that the movement started with eventually turned into a demand for Hasina’s resignation.Sheikh Hasina’s sudden fall from a coveted and glorious seat can be a warning example to those leaders who prioritize economic development over democratic values and civil liberties. From Assad’s self-sacrifice, Nur Hossain’s chest to the bullet for democracy, Abu Saeed in bloody July. Did the Bengalis understand the meaning of the way Sina took the police bullet in the chest? People would have understood why when the young people forgot everything and let the future generation get their chests in front of the gun for a beautiful day without exploitation and discrimination, and the one who pressed the trigger of the gun and made the chest of the future Bangladesh and covered the entire map with blood remained just a Bengali in the words of Kabiguru, he could not become a human being. But this time, under the leadership of Nobel laureate Dr. Yunus, it is a matter of seeing which direction the country will move forward. Congratulations and welcome to Dr. Yunus, Dr. Asif Nazrul and others who are in charge of the interim government. However, it is the expectation of the countrymen that the progress of peace and order and development of the country should not be disturbed in any way.