Proposal for Inclusion in the Draft Interim Government Ordinance 2024 Regarding Presidential Duty Succession - Independent Human Rights Defender, Bangladesh

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Wednesday, November 13, 2024

Proposal for Inclusion in the Draft Interim Government Ordinance 2024 Regarding Presidential Duty Succession




Citizen Proposal to Nobel Laureate Dr. Muhammad Yunus, Chief Advisor to the Interim Government of Bangladesh

Subject: Proposal for Inclusion in the Draft Interim Government Ordinance 2024 Regarding Presidential Duty Succession

Esteemed Interim Government of Bangladesh

Because of the current efforts to strengthen the governance structure of Bangladesh through the Interim Government Ordinance 2024, I am submitting this proposal to address a critical gap concerning the performance of presidential duties in the absence or incapacity of the President. This matter is vital for ensuring continuity and stability in state leadership, preventing constitutional ambiguities, and upholding democratic norms.

Proposal Summary: To safeguard the uninterrupted operation of the highest office and maintain public confidence in state functions, it is proposed that the draft Interim Government Ordinance 2024 include a provision outlining who shall perform the President’s duties when the President is unable to do so. Two potential solutions are recommended:

  1. Empowering the Chief Justice of Bangladesh: Assign the Chief Justice of the Supreme Court of Bangladesh the temporary authority to carry out presidential duties during the President’s absence or incapacity.

  2. Creation of the Vice President Position: Establish the post of Vice President, specifically designated to assume the President’s responsibilities in such scenarios.

Detailed Rationale:

  1. Empowering the Chief Justice:

    • Impartiality and Judicial Oversight: The Chief Justice, as the head of the judiciary, is inherently impartial and would ensure that the assumption of presidential duties remains unbiased and independent of direct political influence.

    • Constitutional Precedent: This model reflects similar practices in other democracies, where the Chief Justice or equivalent office steps in to prevent disruptions.

    • Stability and Trust: Entrusting this responsibility to the judiciary enhances public confidence and upholds the rule of law during transitional periods.

  2. Creation of the Vice President Position:

    • Political Continuity: A Vice President appointed under the ordinance would provide a seamless political and administrative handover in the President’s absence.

    • Defined Succession Path: The position of Vice President would create a transparent and constitutionally backed chain of command, thereby preventing any disputes or power struggles.

    • Flexibility and Efficiency: The Vice President could be prepared to handle both day-to-day functions and critical executive decisions, ensuring operational continuity without delays.

Comparative Analysis: Both options have unique advantages. Empowering the Chief Justice leverages judicial neutrality and can be implemented with minimal structural changes. Meanwhile, creating a Vice President position formalizes a direct succession plan, aligning with traditional executive hierarchies seen in numerous democratic frameworks.

Implementation Recommendations:

  • Legislative Action: Amendments should be incorporated into the draft ordinance to specify the chain of command clearly.

  • Public Communication: Transparency in enacting these provisions will foster trust among citizens and key stakeholders.

  • Consultative Engagement: Engage with constitutional experts, the judiciary, and legislative bodies to refine the proposal’s legal language and structure.

Conclusion: Incorporating a well-defined succession plan into the Interim Government Ordinance 2024 is essential for preserving democratic integrity and ensuring that state operations remain uninterrupted. Whether by empowering the Chief Justice or establishing a Vice President, this provision will strengthen governance frameworks and reassure the nation of a stable and just leadership transition mechanism.

I trust that this proposal will be given due consideration and contribute positively to the development of a robust interim governance structure in Bangladesh.

With utmost respect and sincerity,

                    Minhaz Samad Chowdhury
                    Independent HR Defender
           Focuses on- State Violence against and
           Land Rights of Minorities in Bangladesh.
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