BANGLADESH has been passing through turbulent times since the student-led popular uprising of July-August 2024, often with confusions and uncertainties on the turns and courses being taken by the interim government. As if this was not enough, a new controversy on whether the former autocratic prime minister Sheikh Hasina had resigned before fleeing the country is swirling in the political circle in recent weeks, creating debates and diverting attention from the reform tasks aimed at establishing a fair and truly democratic system of governance for the future of the country.
The political drama unfolding the resignation has raised many debates among leaders of the Students Against Discrimination, politicians, constitutional experts, and even the members of the interim government itself. The controversy originated from president Mohammed Shahabuddin鈥檚 own contradictory remarks in an exclusive interview with the editor of the Daily Manab Zamin, a vernacular daily, where he said that he 鈥榟eard Sheikh Hasina had resigned, but he does not have documentary evidence.鈥� He further mentioned, 鈥楳aybe she did not have the time to resign.鈥� Until the publication of the interview, the resignation of Sheikh Hasina was considered a 鈥渟ettled鈥� fact. The president too had made clear statements several times, including his televised address to the nation on August 5, on the former prime minister Hasina鈥檚 resignation after the fall of her regime.
The president interview was like a wildfire in the political circle, creating new controversy on this settled matter, which turned into an embarrassment, if not destabilising, the interim government. The statement infuriated the head of the interim government, Dr Muhammad Yunus, and the student leaders. The law adviser, Dr Asif Nazrul, himself a constitutional expert, found the president鈥檚 comments on Hasina鈥檚 resignation 鈥榓 lie, akin to an oath violation.鈥� The law adviser accused the president of spreading falsehood. Further, Dr Nazrul considered the contradictory statements as 鈥榮erious misconduct鈥� and questioned the 鈥榤ental capacity鈥� of the president to continue his service. It is hard to understand the politics behind the contradictory statements by the president in such dangerous times, potentially plunging the country into another political crisis.
Many are already asking for the removal of the president for his serious misconduct. According to available sources, the plots calling for the president to resign are not shared by all parties, particularly the key stakeholders. For instance, the Bangladesh Nationalist Party and the Students against Discrimination are at odds over the removal of the president. There are many ramifications of any move to replace the president. For instance, despite being the nominal head of the state, the removal of the president would create an unnecessary constitutional vacuum during this critical transition of the country. As per constitutional provisions, the president can only be removed by a vote in the parliament. Since the parliament has been dissolved, the removal of the president is not possible under constitutional or legal frameworks. In sum, there is no option to replace the president in the absence of the parliament.
However, according to some legal analysts and constitutional experts, the question of rule of law or constitutional adherence is often irrelevant during popular uprisings and/or transitions followed by any political upheaval. Indeed, not all decisions made so far by the interim government were made constitutionally. One legal expert considers any reference to the constitution as being irrelevant. 鈥楾he constitution of the country has left with former Prime Minister Sheikh Hasina鈥�, he observed. The people are now 鈥榮ources鈥� of all power and decisions. So, the interim government, which holds the legitimacy, can take measures to remove the president when required. 鈥楾he demand for the president鈥檚 resignation is political and not legal,鈥� said the interim government adviser, Syeda Rizwana Hasan.
The debates continue over the removal or resignation of the president despite calls to avoid a constitutional crisis. Hasnat Abdullah, one of the coordinators of the Student Against Discrimination, wants to entirely scrap the 1972 constitution and the resignation of the president, who symbolises the legacy of the past autocratic regime. Student leader Nahid Islam, now communications adviser, underscored the need for political consensus, national unity, stability and security at this critical juncture over any legal or constitutional procedures for decisions regarding the president.
It appears that Students Against Discrimination leaders have full control over the government decision-making processes and want the president to step down, clearly indicating that the political dynamics will likely win over the legal or constitutional. With the removal and/or resignation of the president, it appears that the students may likely scrap the constitution to establish what some are claiming a 鈥榬evolutionary鈥� government. There may be a fully restructured government once the president resigns, which is a matter of days only. However, the course of action remains uncertain as of now.
The interim government has been in office for less than three months. The various reforms undertaken by the interim government may take time to deliver, which some of the political parties and leaders are unwilling to wait for. This may soon lead to protracted conflicts and disagreements over the timing and nature of the transition to democracy. Major uncertainties still loom around the timing of the democratic transition. However, what is more important to remember is that the people in Bangladesh want more than just an electoral democracy from this popular biplob or uprising.
The turn of events, particularly discussions and dialogues with the political parties, and the fate of the Awami League as a political force will determine further developments in the coming weeks and months. Meanwhile, the Students Against Discrimination has full control of the movement that speaks to the question of power in the violent re-ordering for a reconstituted or new Bangladesh. Examples of such political development are commonly found in post-colonial and/or post-revolutionary contexts that are often more eager to demolish old legal/constitutional fabrics to give rise to a new nation. The centrality of the 鈥榩olitical鈥� shall determine the development and reordering of the state, community and society.
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Dr Mohammad Zaman is a columnist on contemporary politics and development in Bangladesh. He lives in Vancouver, Canada.