A constitutional crisis emerged in Bangladesh on 5 August 2024, after the Prime Minister, Sheikh Hasina, resigned and fled the country to India as protesters stormed her residence and office in Dhaka during a massive mass uprising.[1] [2] [3] [4] [5] [6] Hasina's flight to India triggered the constitutional crisis because the existing constitution has no provisions for an interim government or any other form of government in the event that the prime minister resigns and the parliament is dissolved.[7] Although Article 123 of the constitution mandates general elections within 90 days following the dissolution of parliament, no clear guidelines exist for the powers and structure of an interim government.
Several days after Hasina's departure, her son, Sajeeb Wazed, claimed she remained the incumbent prime minister of Bangladesh, as she had not signed a resignation letter.[8]
Three days after her flight, an interim government was formed, with Muhammad Yunus sworn in as Chief Adviser.[9] Following the oath-taking of the interim government, student leader and ICT adviser Nahid Islam announced that a constituent assembly election would be held to draft and adopt a new constitution to resolve the crisis. The interim government also established a Constitutional Reform Commission to prepare a roadmap for the constituent assembly election.
See main article: Student–People's uprising.
Students in Bangladesh began a quota reform movement in early June 2024 after the Bangladesh Supreme Court invalidated the government's 2018 circular regarding job quotas in the public sector. The movement escalated into a full-fledged mass uprising after the government carried out mass killings of protesters, known as July massacre, by the late of July.[10] By early August, the movement evolved into a non-cooperation movement, ultimately leading to the ouster of the then-Prime Minister, Sheikh Hasina, on 5 August 2024. Her ouster from office created the constitutional vacuum as the existing constitution does not include any provisions for an interim government, with many labeling the government "unconstitutional."
Prominent intellectual like Farhad Mazhar urged the interim government to arrange a constituent assembly to solve the "constitutional vacuum," as there is no provision for any kind of interim government in the constitution.[11]
Chief Election Commissioner Kazi Habibul Awal said that as a constitutional void was visible in this post-revolution period, legal complexities might arise in the future.[12] "The end of autocracy or the removal of a dictator through revolution is not the ultimate goal or achievement. There are many essential tasks ahead. These must be addressed. Without firm determination, wisdom, courage, and unwavering integrity, this task will not be easy," he added.
A civil servant also protested at the unconstitutional formation of an interim government. She was later removed from her post.[13]