Bangladesh BNP Faces Legal Hurdles Over Interim Gov't Reforms

While members of the Bangladesh Nationalist Party (BNP) took oath as parliamentarians on Tuesday, they did not swear in as members of a proposed Constitution Reform Council, "as there is no such provision in the Constitution", reported Dhaka's Business Standard.

BNP Standing Committee Member and MP Salahuddin Ahmed told the news outlet that to reflect the will of the people as expressed in the referendum, it is first necessary to enter the Parliament and carry out the required laws and constitutional reforms.

Stressing that "all actions must be conducted constitutionally", the BNP leader claimed their oath of office was administered in line with constitutional provisions.

He claimed that under Article 148(2A) of Bangladesh's Constitution, if the Speaker and Deputy Speaker are unable to administer the oath, the Chief Election Commissioner (CEC) is empowered to do so within three days.

Following this provision, the CEC administered the oath to the MPs, he said.

However, as reported by the news site, he added that there is no constitutional provision for a "Constitutional Reform Council", nor does Bangladesh's CEC have the authority to administer any oath for such a body.

Thus, they argued, the interim government bypassed established legal frameworks, undermining legitimacy. Once the Constitution is amended, the person administering the oath and the form of the oath will be included in the Third Schedule of the Constitution, added Salahuddin Ahmed.

Meanwhile, the Opposition Bangladesh Jamaat-e-Islami party took strong exception to BNP's stand and, along with its ally, the National Citizen Party (NCP), announced that they will not attend the cabinet swearing-in ceremony that was held later the same day.

The stand reflects the support that the interim government enjoyed during its stint since the fall of the Sheikh Hasina-led Awami League government in August 2024.

The controversy now underscores decisions that were pushed to be granted political legitimacy, but not legal recognition.

The Jamaat has been on-and-off under legal bans over its alleged pro-Pakistan stand during Bangladesh's liberation war of 1971 and hardline religious dogma. The ban was lifted during the term of the interim government.

The NCP, established in February 2025, emerged from the 2024 student-led uprising. Recognised as Bangladesh's first student-led political party, it claims to be built on reformist and anti-corruption ideals. But it has been a part of the 11 Party Alliance, a coalition led by the Jamaat that primarily follows the ideology of Islamism and conservatism, with parties positioning themselves from centre to far-right in Bangladesh's political spectrum.

The Muhammad Yunus-led interim government adopted the "July Charter" essentially as a political and moral framework, which was drafted by civil society leaders, student groups, and reformists during the uprising. It laid out demands for establishing transparent, accountable institutions; ensuring fair elections under neutral oversight; limiting the tenure of Prime Ministerial aspirants, as well as proposing a bicameral legislature, among other reforms.

The Constitution Reform Council was formed specifically to translate such principles into legal and constitutional reforms, as the institutional mechanism to implement the July Charter's vision. Out of the 300 seats inthe Bangladesh Parliament, elections were held for 299 on February 12. According to media updates, counting has been completed for 297 constituencies, with the BNP alliance sweeping 212, while the Jamaat and its allies won 77, and the rest went to others.

- IANS