It is widely believed that the late President Justice Sahabuddin Ahmed once said about the unimportance of the President's role in the administration of the country, "He has no work except Milad and grave yard Ziarat." In fact, after the re-introduction of the parliamentary system of government in 1991, the powers of the president were severely limited in the constitution and the responsibility for running the government was vested in the prime minister and his cabinet. As a result, in the constitutional structure of Bangladesh, the position of President is mainly symbolic or decorative. Notably, however, the presence and role of the President during political transitions at least twice after the re-introduction of the parliamentary system proved instrumental in maintaining constitutional continuity.
First, in the political crisis of 2006-2008, President Dr. Yazuddin Ahmed's tenure as President played an important role in maintaining constitutional continuity. And recently, President Mohammad Sahabuddin has been playing a similar role from August 5, 2024 to the present, which has created the need to reassess the role of the President in governance. In this article I mean by constitutional continuity, during a political transition the constitution is not formally suspended or abrogated while the interim government is in place and the power is transferred to the elected government under the existing constitution.
The special importance of the presidency after the re-introduction of the parliamentary system was first observed in the political crisis that arose in 2006, centered around the appointment of the chief adviser to the caretaker government during the election.
Provisions relating to caretaker government were incorporated into the Constitution in 1996 through the Thirteenth Amendment. The amendment initially provides for the appointment of the last retired Chief Justice of the Supreme Court as the Chief Adviser, but if he is not available, someone from among the latest retired judges of the Appellate Division and if that is not possible, the President himself will serve as the Chief Adviser.
In 2006, due to strong opposition of Awami League, retired Chief Justice K. M. Hasan refused to take on the role of chief adviser. In view of this, the then president Yazuddin Ahmed himself took over as the head of the caretaker government. However, due to unrest across the country and controversy over the preparation of accurate voter lists, President Yazuddin declared a state of emergency and resigned as chief adviser. Then, the former governor of Bangladesh Bank Fakhruddin Ahmad took over as Chief Advisor. Although the main responsibility of the caretaker government was to organize parliamentary elections within 90 days, The government led by Dr. Fakhruddin Ahmad held elections after almost two years, i.e. in December 2008. In this election, the Grand Alliance supported by Awami League won with two-thirds majority. On January 6, 2009, President Dr. Yazuddin Ahmed administered the oath to the members of the 32-member cabinet headed by ex-Prime Minister Sheikh Hasina.
Recently, the role of the President has again become particularly significant in the crisis of governance that arose after the fall of the government led by Sheikh Hasina in the mass movement on August 5, 2024. President Muhammad Sahabuddin administered the oath to the chief adviser Prof. Muhammad Yunus and other advisers, thereby officially starting the current interim government. Moreover, Chief Justice Obaidul Hasan and Attorney General A. M. Amin Uddin resigned, the President continued the Judiciary by appointing a new Chief Justice and Attorney General. The President continues to exercise his responsibilities during the current transitional period in appointments to all constitutional posts, autonomous or statutory bodies, authorities and institutions, and senior positions in government, including judges of the Supreme Court.
It is necessary to mention that since all the executive activities of the state, the drafting of contracts and documents are carried out in the name of the President, it is practically impossible to run the state without the President if the constitutional continuity is to be kept intact. Noteworthy, during the political crisis of 2006-2008, the President as the head of the caretaker government Yazuddin Ahmed's role was met with mixed reactions, but his later role as President was as expected. Even during the transitional period after August 5, 2024, the reflection of public opinion on the role of the President is not noticeable.
The experience of the Pakistan period and past military regimes in Bangladesh shows that once the constitution is suspended or abrogated, the return to constitutional government becomes a long-term and complex process. However, it can be said from the experience of the political crisis of 1990-1991 and 2006-2008, that it was possible to maintain constitutional continuity by handing over power to the elected government without suspending or canceling the constitution in its entirety. And to play a role in these processes, the presidency has increasingly become an important catalyst in the transitional period. The reason for this is that when an interim government has been running the state in the absence of an elected government, government activities undertaken in the name of an elected president appear to be morally acceptable to all.
This issue can be seen as an expression of the confidence and commitment of the people of Bangladesh towards democracy.
In the context of the prevailing political reality in Bangladesh, it would not be out of place to say that strengthening the post of President in the constitutional framework of the country should be seriously considered. Currently, many have proposed establishing a balance of power between the President and the Prime Minister. It is a far-reaching proposal, which requires discussions and exchanges at all levels across the country. All I want to say here is that it would be reasonable to first consider electing the President through universal suffrage without party nominations. As a result, a president can become a symbol of national unity.
Hope the elected government will take appropriate action in this regard.
