TDS Desk:

The 13th National Parliamentary Election was held nationwide on Thursday. The Bangladesh Nationalist Party (BNP) secured a landslide victory, winning more than a two-thirds majority in the election.

As the leader of the majority party, it is clear that BNP Chairperson Tarique Rahman will take the oath as Prime Minister. However, several constitutional steps must be completed before he can formally assume office.

These include the swearing-in of Members of Parliament (MPs), followed by the appointment and oath-taking of the Prime Minister and members of the Council of Ministers by the President. Through this process, the tenure of the interim government will end, and the newly elected government will begin its journey.

Oath of Members of Parliament

The Election Commission (EC) has already published the election results in the official gazette.

Within three days of the publication of the gazette, Members of Parliament (MPs) will be sworn in by a person designated by the President. According to the provisions of the Third Schedule of the Constitution, the Speaker or the Deputy Speaker administers the oath to MPs. However, uncertainty has arisen over who will conduct the oath-taking, as the Speaker has resigned and the Deputy Speaker is currently in prison.

The Constitution also sets out the subsequent procedure. Article 148(2)(a) states that if the person designated under the Constitution to administer the oath fails or is unable to do so within three days from the date the general election results are published in the official gazette, the Chief Election Commissioner shall administer the oath within the following three days, as though he were the person designated for this purpose under the Constitution.

Oath of the Prime Minister and the Council of Ministers

After MPs take their oath, the President will invite the party or alliance that has secured a single majority—meaning at least 151 seats—to form the government. The individual who commands the confidence of the majority will first become the Leader of the House and, upon invitation, will proceed to form the new government.

Article 56 of the Constitution states:

1. There shall be a Prime Minister, and such other Ministers, Ministers of State, and Deputy Ministers as the Prime Minister determines.
2. The Prime Minister and other Ministers, Ministers of State, and Deputy Ministers shall be appointed by the President.
3. The President shall appoint as Prime Minister the Member of Parliament who appears to command the confidence of the majority of the Members of Parliament.

Once the Prime Minister and members of the Council of Ministers take their oath, their authority will automatically come into effect. Through this process, power will be transferred from the previous government to the newly formed government.

According to Article 148 of the Constitution, where any person is required to take an oath before entering upon office, he shall be deemed to have assumed office immediately upon taking such oath.