No legal provision for Speaker or Deputy Speaker to administer oath to newly elected MPs: Asif Nazrul
If the oath is not administered within three days, the chief election commissioner is authorised to administer it.
Law, Justice and Parliamentary Affairs Adviser Asif Nazrul on Thursday said there is no legal scope for the current Speaker or Deputy Speaker to administer the oath to newly elected members of the 13th Jatiya Sangsad following the February 12 election.
Speaking to reporters at the ministry on Thursday afternoon, he said the constitution provides that newly elected MPs take their oath from the Speaker, or from the Deputy Speaker in the Speaker’s absence, with alternative provisions if neither is available. “In the present situation, one is absconding while the other is in jail, and both are facing serious cases. Under these circumstances, I do not see any scope for them to administer the oath,” he said.
Nazrul, who is also a law professor, said that if the Speaker and Deputy Speaker are unable to perform the duty, the law allows a person nominated by the president on the advice of the chief adviser to administer the oath. “For instance, the chief justice may administer the oath,” he said.
As a second option, he noted, if the oath-taking does not take place within three days, the chief election commissioner is authorised to administer the oath. However, he said this would require waiting for three days, which the government does not prefer. “We want to arrange the oath-taking as soon as possible after the election,” he added.
He clarified that the matter involves a policy decision of the government and said he could not offer any final comment at this stage.
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