CEC to administer oath to new MPs
Staff Reporter :
The Chief Election Commissioner (CEC) will administer the oath to newly elected Members of Parliament (MPs) following the 13th National Parliamentary Election, the Election Commission (EC) confirmed on Thursday, putting an end to ongoing discussions and uncertainties about the process.
Election Commissioner Abdur Rahmanel Masud informed the media that, due to the current constitutional situation, the responsibility of administering the oath to the new MPs will fall to the CEC.
He explained that the positions of Speaker and Deputy Speaker of the National Parliament are currently vacant, allowing the CEC to perform this duty in accordance with a special provision in the Constitution.
Typically, the Speaker of the previous Parliament administers the oath to newly elected MPs. However, following the mass uprising of 24 February, Speaker Shirin Sharmin Chaudhury resigned on 2 September, and while Deputy Speaker Shamsul Haque Tuku is currently incarcerated, he has not officially resigned.
Under Article 74(6) of the Constitution, the Speaker and Deputy Speaker are considered in office until a new Speaker is appointed.
However, since it is not possible to organize the oath ceremony under the current circumstances, an alternative constitutional provision will be applied.
Article 148(1) and 148(2) of the Constitution typically mandates the Speaker or a person designated by them to administer the oath.
However, Article 148(2c) will now be invoked, which allows the CEC to administer the oath if the Speaker or their nominee fails to do so within three days of the gazette notification.
Additionally, according to Schedule-3 of the Constitution, if both the Speaker and Deputy Speaker are unable to perform their duties, the CEC can administer the oath with the approval of the President.
Earlier, Law, Justice and Parliamentary Affairs Adviser Dr Asif Nazrul outlined alternative constitutional provisions for administering the oath to newly elected members of parliament amid the absence of the Speaker and Deputy Speaker.
Speaking to reporters at the Law Ministry at the Secretariat, Dr Nazrul said the Constitution requires newly elected MPs to take their oath after an election, and it also provides clear mechanisms to avoid any constitutional vacuum if the Speaker or Deputy Speaker is unavailable.
“Under our current constitution, newly elected members of parliament are supposed to take oath from the Speaker or the Deputy Speaker if the Speaker is absent. There are other provisions if neither is available,” he said.
Referring to the present situation, Dr Nazrul noted that one Deputy Speaker is missing while the other is in jail, with both facing serious cases and having resigned.
“Under these circumstances, I do not see any scope for them to administer the oath,” he told the journalists.
The law adviser also explained that the Constitution allows the oath to be administered by a person nominated by the President, acting on the advice of the Chief Adviser, if the Speaker or Deputy Speaker is unable to perform the duty.
“For example, our Chief Justice can administer the oath,” he said.
As a second option, Dr Nazrul said that if the oath-taking does not take place within three days of the election, the Chief Election Commissioner (CEC) can administer the oath.
“The problem here is that in this case we would have to wait three days. We do not actually want to wait. We want to arrange the oath-taking as soon as possible after the election,” he added.
He said the government would decide, as a matter of policy, which of the constitutional options would be implemented.
“This is a policy decision of the government. I cannot give you any final comments on this matter at this stage,” he said.
Dr Nazrul reiterated that the government is committed to maintaining constitutional continuity and ensuring that parliamentary activities begin as quickly as possible, using the provisions available under the Constitution to address the current situation.