The recent events in Bangladesh, particularly the formation of the interim government under the leadership of Dr. Muhammad Yunus, have sparked discussions and debates regarding its constitutionality. From both constitutional and international legal perspectives, the analysis of the current situation sheds light on the legitimacy of the interim government.
From a constitutional standpoint, the Constitution of the People’s Republic of Bangladesh serves as the supreme law of the land. The Grundnorm theory, as proposed by Kelsen, suggests that the law of the land originates from a basic rule or Grundnorm, which is essentially the will of the people. Following the revolutionary events in Bangladesh in 2024, where mass protests led to the resignation of the prime minister and the subsequent formation of the interim government, it can be argued that a shift in the Grundnorm has occurred. This shift is evident through both academic analysis and the visible support of the people on the streets, signifying a change in the will of the people.
The characterization of these events as a revolution is supported by key factors such as the resignation of the prime minister, her departure from the country, and the support of the army and civil society for the interim government. The formation of the interim government was a collective effort involving representatives from major political parties, student leaders, and civil society members, further solidifying its legitimacy.
Under the present constitution, the absence of the prime minister due to her departure from the country raises questions regarding the continuity of government. However, the president’s oversight of the formation of the interim government, in consultation with the Supreme Court, ensures its legality and de jure status. The interim government’s effective control over state machinery and the acceptance of its legitimacy by the international community further validate its position.
In international law, the interim government can be classified as both de jure and de facto, with legal recognition and effective control over the state. The willingness of the international community to engage with the interim government underscores its legitimacy on a global scale.
While the current constitutional crisis in Bangladesh presents challenges, it also offers opportunities for reflection and reform. By addressing relevant issues and considering multiple perspectives, concrete solutions can be formulated for the future. The legality of the interim government is justified through jurisprudential, constitutional, and international legal lenses, highlighting its legitimacy in the current political landscape.
In conclusion, the analysis from constitutional and international legal perspectives supports the legality of the present interim government in Bangladesh. Dr. Muhammad Ekramul Haque’s insights provide a comprehensive understanding of the complex situation and pave the way for further discussions and actions to ensure stability and progress in the country.