Navigating constitutional predicaments in post-Hasina Bangladesh

President Shahabuddin’s conflicting statements regarding Sheikh Hasina’s resignation have ignited a nationwide outcry and demands for his immediate removal, plunging the country into a profound constitutional crisis. The interim government’s muddled response has only deepened the turmoil. One adviser accused the president of lying and violating his oath, while some others, perhaps hoping to avoid further instability, have downplayed the issue as merely political rather than legal or constitutional. The crisis has not cooled down.

At the heart of the controversy lies the president’s televised claim that he had received and accepted Hasina’s resignation before the interim government was installed. Two and a half months later, he contradicted himself by denying ever having received or seen the resignation letter. Clearly, the nation is misled by the president’s brazenness, and it did cost him moral authority to remain in office. Worse still, the absence of any clear constitutional mechanism for removing him has now resulted in a profound legal deadlock.

The president’s conflicting statements have cast doubt on whether Hasina officially resigned, although this question is ultimately irrelevant due to her own actions. By fleeing the country to avoid accountability for the mass killings and political disappearances that defined her oppressive rule, Hasina effectively abandoned her position. Evidently, confronted with the threat of mob justice, she chose self-preservation over personally submitting a resignation letter to the president. Moreover, her regime lacked legitimacy throughout—she clung to power through sham, voter-less elections and she systematically demoralized or criminalized almost every institution in the country to maintain her stranglehold.

Meanwhile, the interim government, established after the collapse of Hasina’s regime, has been struggling with a persistent constitutional crisis. In a way reminiscent of Columbus accidentally discovering the Americas while searching for a route to India, the Anti-Discrimination Student Movement—originally focused on abolishing the government job quota system—ended up toppling Hasina’s authoritarian rule, achieving far more than they had initially aimed for. This unexpected success forced them into uncharted territory, taking on the responsibility of governing. The interim administration they formed mainly consists of NGO members and aging technocrats, many of whom lack the political experience needed to navigate the complexities of a post-Hasina Bangladesh.

Moreover, rather than abrogating the constitution, as is often done in revolutionary uprisings, the interim government chose to operate within constitutional boundaries, invoking presidential powers to appoint itself—an authority the president never held. The Supreme Court then invoked the “doctrine of necessity” to justify these extra- constitutional measures, putting the government at odds with constitutional principles. The president’s contradictory statements regarding Hasina’s resignation have further eroded the government’s legitimacy.

Amid these crises, the Student Movement has consolidated its demands into five key points: removing President Shahabuddin, annulling the 1972 Constitution, banning the Awami League’s student wing (Chhatra League), issuing a “Proclamation of the Republic” to govern post-Hasina Bangladesh, and invalidating the elections of 2014, 2018, and 2024. These demands mark a profound shift from protest to a full-blown revolution, reflecting their determination to reshape the country’s political landscape fundamentally.

Facing pressure from its own backers, the interim government has already banned the Chhatra League, but on the question of the president’s resignation, it is seeking a consensus among political parties. While the Student Movement pushes for revolutionary change, such as complete rewriting of the constitution and proclamation of new Republic, the government has taken a more cautious, gradual approach, highlighting a growing tension between the movement and the government it helped install.

The Path Forward

The current situation in Bangladesh bears striking similarities to historical revolutions that lost direction and ultimately failed. One can think of the Russian Revolution of 1905, which faltered due to a lack of unified leadership; the fractured Arab Spring in Egypt in 2011, which saw the military regain control; and the French Revolution of 1789, which spiraled into the Reign of Terror and led to the rise of Napoleon. Without a clear strategy and experienced leadership, the Student Movement also risks being overwhelmed by the forces it has unleashed, akin to “riding a tiger.”

To avert catastrophe, both student leaders and the interim government must adopt a bold, decisive strategy as follows:

Restore constitutional and legal legitimacy: Immediately form a commission of legal experts to evaluate, amend, or invoke emergency provisions within the Constitution to cement the interim government’s authority. Alternatively, if the situation demands, abrogate the current Constitution and govern through extra-constitutional measures. It is time to stop straddling both sides—choose a clear path forward, and commit to it.

Replace the President: Immediately remove Shahabuddin—he has lost all credibility to remain as president. If he refuses to resign voluntarily, pass a cabinet resolution to dismiss him and appoint a neutral interim president with strong support from the Student Movement and key political parties. Do not allow mob to oust him from power—handle it through firm, legitimate channels.

Balance student’ demands with pragmatic policies: Address the Student Movement’s five-point demands with strategic restraint to avoid triggering deeper crises. Proposals to declare a new republic, rewrite the Constitution, or invalidate past elections must be pursued only with strong consensus across political parties—any unilateral move may destabilize the nation irreversibly.

Set a timeline for free and fair elections: While the interim government’s mission extends beyond simply transferring power, holding a free and fair election must be the top priority. Focus on essential reforms and leave more extensive changes to the next elected administration. Enough time has been wasted on endless commissions with vague and meaningless agendas. Instead, shift all efforts towards preparing for credible elections. The nation’s patience is wearing thin, the threat from defeated forces is growing, and any delay in handing over power to elected leaders could put the entire revolution at risk.

Seek guidance from experienced leaders: While student leaders have demonstrated remarkable dedication and patriotism, they would greatly benefit from the guidance of seasoned political advisors, legal scholars, and international experts. The interim government, which has thus far failed to show effective leadership or drive, must replace ineffective advisors with capable ones. The government must also establish a Strategic Governance Team with capable personalities to push reforms forward and manage crises with skill and urgency.

END NOTE

In sum, the nation faces a profound constitutional crisis, with the interim government sending mixed signals—promising to uphold the constitution while hinting at exceeding its authority. It talks of reforms yet remains preoccupied with building consensus among political parties, each with competing goals. Some demand immediate elections, while others seek delays to consolidate their power.

Meanwhile, the armed forces, who sided with the mass uprising by refusing to suppress protesters, continue to back the interim government, though doubts linger about their loyalty. A sharp divide exists between the revolutionary vision of the Student Movement—calling for a new republic and a new constitution—and the interim government’s cautious approach, balancing political compromise and selective adherence to constitutional norms.

In this volatile mix of power struggles and shifting alliances, the path forward requires clarity and decisive action. The interim government must implement the outlined measures to restore constitutional order, stabilize the nation, and build a foundation for democratic governance. Failure to do so risks turning this revolution—fueled by the blood and sacrifices of countless students and citizens—into yet another tragic chapter in the history of failed uprisings.

Dr CAF Dowlah is a retired Professor of Economics and Law in the United States. Currently, he serves as the Chairperson of the Bangladesh Institute of Policy Studies. (www.bipsglobal.org).