Beyond PM’s authority

M AMIR-UL ISLAM
Renowned jurist and one of the framers of the constitution Barrister M Amir-Ul Islam said the ministers could hold their offices and enjoy state facilities until their resignation letters were sent to the president.
He said the letters were given to the prime ministers, who had not forwarded them to the president, and she could hold on to the letters if she wants to.
Amir-Ul Islam said the prime minister could ask any minister to resign any time and if the minister does not comply, she could ask the president to sack the minister.
He said the prime minister could also decide whose resignation letters to accept and whose to not.

SHAHDEEN MALIK
Noted Jurist Shahdeen Malik said the prime minister did not have any jurisdiction to decide or accept the ministers’ resignations but she could mistakenly think that she is an employer of the ministers.
“She can accept or decline to accept the resignation letter of any serving employee of the Prime Minister’s Office, but not someone who holds the constitutional office of minister,” he said.
When his attention was drawn to the prevailing situation after the ministers’ resignation, he said the ministers could not work anymore.
In his view, this has triggered a fresh constitutional debate and it would deepen the political crisis centring the next parliamentary elections.

ALI IMAM MAJUMDER
Former cabinet secretary Ali Imam Majumder said, “To my knowledge, if any minister submits resignation, the post automatically becomes vacant. The president’s signature and other things are considered official procedure only.”
Referring to the resignation of four advisers in 2006 during the then caretaker government’s tenure, he said, “The advisers sent their resignations and did not go to work any more. Later, I [then cabinet secretary] took signatures of the president and complete the other procedures.”
He also viewed that the ongoing political crisis would not ease through this initiative since many political parties including the main opposition BNP would not join the      prime minister-proposed all-party interim government.

SULTANA KAMAL
Noted rights activist and former adviser to a caretaker government Sultana Kamal said, “As far as I know, there is no provision in the constitution for the prime minister to accept a minister’s resignation. But such incidents have had happened earlier in this government’s tenure.”
She said it could be legal if the prime minister sends the resignation letters to the president and re-appoint ministers of her choosing.
About the political situation, she said resignation of ministers would not ease the political crisis rather, it might deteriorate matters because the people would not know what would happen next.
Lack of clarity on courses of actions taken by the ruling party and the opposition parties might create confusion. The parties have to be more clear and transparent on their activities, she added.

AKBAR ALI KHAN
Former adviser to a caretaker government Akbar Ali Khan said resignation of all ministers and state ministers was a political decision. There was no constitutional obligation for quitting in order to form an all-party interim cabinet.
This would not help end the political crisis because the main opposition and many other political parties had not accepted the prime minister’s proposal for an all-party interim government, he said.
If representation of all political parties, including BNP, in the all-party interim government could be ensured, then it would significantly contribute to end the political deadlock, he added.

MAHMUDUL ISLAM
Constitution expert Mahmudul Islam also said the ministers could hold on to their offices and enjoy state facilities until their resignation letters were submitted to the president.
Replying to a question whether the prime minister could keep the resignation letters to herself and decide who’s to accept, the veteran counsel said, “It is a matter of understanding.”

Source: The Daily Star