How can the interim government fulfill its obligations?

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 How can the interim government fulfill its obligations?

Chief advisor of the interim government Professor Muhammad Yunus

Loyalists of the Awami League who have escaped and are now hiding continue to assert that the Yunus government is unlawful and unelected, and that they lack the power to even announce the date of the upcoming election.

However, some scholars and many of the movement's more ardent members contend that since a revolution has occurred and the current government is the product of a popular will, it is not only acceptable but also legally required to do away with the previous system completely and start over with a new constitution.

However, our experience indicates that this government itself does not think it has the power to make any dramatic decisions or to start from scratch. Sensing this vulnerability, foreign organizations and investors are holding off on signing any contracts until an elected government has taken power.

They are also aware that an interim government lacks the unquestionable authority to make legally binding agreements. Despite receiving recommendations from reform committees it established, this government does not attempt to put them into practice. Rather, it puts them on hold for the upcoming administration. That suggests that it too does not believe it has the authority to implement reforms.

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Because a power vacuum at the center of the state affects national stability, the populace was relieved when army chief Wakar-Uz-Zaman took over when Hasina withdrew. Later, under President Shahabuddin Chuppu's leadership, Prof. Yunus took over, and the presence of a legitimate civilian government gave people comfort.

The issue is that even if a constituent assembly is chosen, it could not be sufficient to stop autocracy from returning because the elected officials in that assembly might decide not to make it a top priority.

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The continuance of the current constitution gave this temporary administration legitimacy. But even if that continuity was maintained, the revolt itself was ultimately the source of the Yunus government's power. Furthermore, the Yunus government's legitimacy stemmed from its responsibility to prevent the restoration of dictatorship, as the revolt was not just about shifting power but also about making sure that autocracy could never return.

What are the boundaries of the legitimate power of this interim government? The interim administration does not have the power to change the current constitution because it was established inside its framework. It also lacks the authority to enact laws because it has neither a legislative nor a parliament. Nonetheless, the interim administration does have the power to make decrees because it is the executive head of state.

Can they implement the required reforms through decrees to prevent the resurgence of autocracy? No, is the response. They are powerless to stop the resurgence of authoritarianism without constitutional and legal changes.

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It takes a parliament to amend laws. This government can try to hold parliamentary elections and use the elected body to pass the required laws because it lacks an elected parliament. However, merely amending the law will not stop a return to dictatorship. Restoring a balance of power requires fundamental constitutional reform.

Because members of parliament are sworn in under the current constitution, they are not authorized to make significant changes to it. Their authority is limited to amending laws. Only a constituent assembly, a uniquely authorized gathering of elected representatives, has the authority to make fundamental constitutional reforms.

We may alternatively call this body a constitutional reform assembly because it is not creating a whole new constitution. Either drafting a new constitution or implementing significant changes to the current one are the goals of choosing a constituent assembly.

This implies that the interim administration does not carry out its entire mandate if it only conducts an election to transfer power. However, it sets the stage for carrying out its duty if it elects a constituent assembly to amend the constitution.

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The issue still exists, though, in that even if a constituent assembly is formed, it could not be sufficient to stop the resurgence of autocracy because the elected officials in that assembly might decide not to make that objective their top priority.

Our own region's history holds the key to solving this issue. It became imperative to address the constitutional disparity between West and East Pakistan following the overthrow of Ayub Khan. For this reason, Yahya Khan issued the Legal Framework Order (LFO) when he announced the 1970 election, which was meant to create a constituent assembly. The goals of that constituent assemblywere described in detail in the LFO.

Therefore, the creation of a new Legal Framework Order and the holding of constituent assembly elections are the means by which this temporary government will carry out its commitment. Thankfully, all political parties have reached an agreement on the July Charter that the Consensus Commission is drafting.

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This charter might function as the Legal Framework Order of today. All of the July Charter's reforms would have to be carried out by a constituent assembly established under this charter. If that were to occur, the interim administration would have fulfilled its promise and be able to resign with honor by handing over power to an elected government in accordance with the recently amended constitution.