President's resignation: How and what next?

As the demand for President Mohammed Shahabuddin's resignation grows, it raises a critical question: How will he resign? And who will administer the oath if a new president is appointed?

Constitutional experts say, given the current situation in the post-upheaval period, the leaders of political parties in the country will need to coordinate with the interim government to reach a final decision based on consensus.

Dr Shahdeen Malik, a constitutional expert, told The Business Standard, "Parliament can impeach the president according to the existing provisions of the constitution. However, since the parliament was dissolved after the change of government, that opportunity no longer exists.

"Alternatively, the president can choose to resign to the speaker if he wishes. But that is not possible, as the speaker has resigned and the deputy speaker is in jail."

The veteran jurist said in this situation, despite the demand for the president's resignation or removal following controversy over Hasina's resignation, it is not possible under the constitution.

He said while parliament has been dissolved, there is no way for the president to resign. As a result, his removal is not possible under constitutional and legal frameworks.

"However, after the departure of the dictatorial government, not everything is proceeding according to the constitution. Therefore, the question of rule or constitutional adherence becomes irrelevant. Instead, the government can take measures to remove him in accordance with public sentiment," he added.

Protests erupted following the president's remarks that he has no documentary proof of the resignation of ousted prime minister Sheikh Hasina, who hastily fled and took refuge in India in the face of a student-people uprising on 5 August.

Barrister Jyotirmoy Barua, a Supreme Court lawyer, said if the president resigns or if the position becomes vacant for any reason, the decision will be guided by a political consensus in the country.

"The government currently in power operates based on public aspirations. Therefore, the resignation or appointment of the president will reflect these public sentiments during this government's tenure," he added.

The legal expert further said questions may arise about how the president will resign and if the position becomes vacant, who would administer the oath to the newly appointed president. In this case, everything will be determined by public will and political consensus.

As per a write-up on the conversation published in Manab Zamin's political magazine "Janatar Chokh" on 20 October, Sahabuddin said, "Perhaps she didn't get the time."  

"I have heard that she has resigned. However, I do not have any documentary proof. Despite trying hard, I couldn't obtain it," he told Manab Zamin Chief Editor Matiur Rahman Chowdhury, who met the president to learn about the resignation letter.

On Monday, Law, Justice and Parliament Adviser Asif Nazrul said the president's statement that he did not receive Sheikh Hasina's resignation letter is a lie, and "it is a violation of his oath".