Bangladesh’s government is considering alternative constitutional arrangements to administer the oath to newly elected members of parliament after the February 12 election, amid legal obstacles preventing the current Speaker or Deputy Speaker from performing the role.
Law, Justice and Parliamentary Affairs Adviser Asif Nazrul said on Thursday that existing circumstances make it impossible for the Speaker or Deputy Speaker to swear in members of the incoming 13th Jatiya Sangsad. Under the constitution, newly elected lawmakers are ordinarily required to take their oath from the Speaker, or from the Deputy Speaker in the Speaker’s absence.
“In our situation, one is unavailable and the other is currently in jail, with both facing serious legal cases,” Asif Nazrul told reporters at the ministry. “Given these realities, there is no scope for either of them to administer the oath.”
Asif Nazrul, who is also a professor of law, said the constitution provides alternative mechanisms when the Speaker and Deputy Speaker are unable to carry out the duty. One option would allow the President, acting on the advice of the Chief Adviser, to nominate another person to conduct the oath-taking ceremony.
“For example, the Chief Justice could administer the oath if nominated,” he said, noting that such a move could ensure a smooth and timely transition following the election.
A second option, he explained, would allow the Chief Election Commissioner to administer the oath, but only if it does not take place within three days of the election. Asif Nazrul indicated that this route is less desirable due to the mandatory waiting period involved.
“We do not want to wait three days,” he said. “Our intention is to arrange the oath-taking as soon as possible after the election.”
Later speaking at the Secretariat, Asif Nazrul confirmed that both options are currently under active consideration by the government. He stressed, however, that the final decision rests at the policy level and has yet to be made.
“This is a government policy decision, so I cannot give any final comments at this stage,” he said. “The aim is to ensure that the oath-taking process happens quickly and in line with constitutional provisions.”
The uncertainty comes as Bangladesh prepares to constitute a new parliament following the upcoming polls, with authorities keen to avoid delays that could affect legislative continuity. Observers say the government’s handling of the oath process will be closely watched as a test of its adherence to constitutional norms during a politically sensitive transition.
For now, officials maintain that any decision will be guided by both legal requirements and the need to ensure the timely functioning of the country’s next parliament.
