No Speaker, No Parliament: How will oath be administered?

As Bangladesh moves towards forming a new government following the 13th National Parliamentary Election, attention has shifted from ballot counts to a critical constitutional question: who will administer the oath to the newly elected lawmakers?

Although unofficial results indicate that the Bangladesh Nationalist Party (BNP) has secured a parliamentary majority, the formal transition of power cannot begin until constitutional procedures are completed.

Under Article 148 of the Constitution, election results must first be published in the official gazette. Only after gazette notification are elected members of parliament required to take oath within three days. The timeline does not begin with unofficial results, meaning authorities may take additional days to complete verification and publish the notification.

The absence of a sitting parliament has complicated the process. Traditionally, the speaker administers the oath to newly elected MPs. However, Bangladesh currently has no functioning parliament or speaker following the 2024 mass uprising, and the deputy speaker remains detained.

Article 148 provides two alternatives. The President may nominate a person to administer the oath. If that nominee does not conduct the ceremony within three days of the gazette publication, the responsibility falls to the Chief Election Commissioner, who must administer the oath within the subsequent three days.

Law Adviser Asif Nazrul recently indicated that the interim administration is keen to ensure a swift transfer of power. He suggested the President could nominate a constitutional officeholder, such as the chief justice, to conduct the oath ceremony.

Once MPs are sworn in, the President will invite the party or alliance commanding at least 151 seats to form the government. Under Article 56, the President appoints as prime minister the individual who commands majority support in parliament.

The formal transfer of executive authority occurs immediately upon the prime minister and cabinet members taking oath - making the oath ceremony not just symbolic, but the decisive constitutional moment marking the beginning of a new government.