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Ministers Resign to form All-party Govt

PM invites new controversy

SHAKHAWAT LITON and HASAN JAHID TUSHER
A constitutional debate is brewing over the ministers' resignations to pave the way for Prime Minister Sheikh Hasina to form an all-party polls-time government.
The government's announcement that the PM will decide on the ministers' resignations has sparked the controversy, as the constitution leaves no room for the premier to do anything about a minister's resignation once it is submitted, say some legal experts.
The office of a minister other than the PM shall be vacant if he resigns from office by handing over resignation letter to the PM for submission to the president, according to article 58(1) (a) of the constitution.
All 52 ministers and state ministers completed handing in their resignations yesterday, and the premier would now decide on them, Cabinet Secretary Musharraf Hossain Bhuiyan said at a press briefing after a cabinet meeting yesterday.
However, no date was mentioned in any of the resignation letters submitted, said sources at the Cabinet Division.
Musharraf said if the PM does not accept the resignation of any minister, he or she will continue holding the portfolio. "The other resignation letters will be sent to the president for the next course of action. The whole process will be completed soon."
The interim cabinet will have some new members, he said.
On Thursday, 20 cabinet members, including four senior ministers, resigned in response to the prime minister's call.
Those who had stepped down as ministers earlier were also present at yesterday's cabinet meeting.
None of the PM's seven advisers, enjoying the status of ministers, has resigned yet.
Meanwhile, talking to reporters at the secretariat, Information Minister Hasanul Haq Inusaid, "There is no bar for a minister
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to continuing his office until the resignation letter is accepted."
Both the information minister and the cabinet secretary said the ministers' resignations will take effect the day the PM accepts those.
Some constitution experts, however, do not agree with the explanation.
They said the constitution makes no mention of any requirement of acceptance either by the PM or the president in such cases.
This debate will only fuel the ongoing political conflict over polls-time government, they added.
The BNP-led opposition has already rejected the premier's proposal for an all-party polls-time government. It continues to stage agitation fora non-party election-time government.
Jurist Shahdeen Malik said, "The premier can accept or reject the resignation letter of any employee of the Prime Minister's Office, but not someone who holds the constitutional office of a minister."
Sultana Kamal, who stepped down as adviser to the caretaker government in December 2006, said there is no constitutional provision for acceptance of a minister's resignation by the PM.
Khurshid Alam Khan, editor of Dhaka Law Report, said the offices of the ministers fell vacant the moment they handed over resignation letters to the PM for submission to the president.
Once they step down, they cannot hold the offices or enjoy any state facilities, said Khurshid, also a Supreme Court lawyer.
Leaders of Jatiyatabadi Ainjibi Forum, a forum of pro-BNP lawyers, joined the debate yesterday and claimed positions of ministers, who already tendered resignation to the premier, became vacant automatically according to the constitution.
It is illegal, on their part, to hold offices as ministers and enjoy state facilities after turning in resignation, Mahbub Uddin Khokon, secretary general of the forum, said at a press conference at the Supreme Court Bar Association.
There was a constitutional debate in April last year when Hasina refused to accept the resignation of the then railway minister Suranjit Sengupta after the "railway-gate scandal". Suranjit was later made a minister without portfolio.
At that time, The Daily Star talked to some constitution experts for their opinion on the issue.
Eminent jurist Rafique-Ul Huq and former attorney general Hassan Arif rejected the PM's claim that a minister holds the portfolio until the premier accepts the resignation letter and the president signs it.
"Is a minister a service holder that his resignation has to be accepted? If a minister resigns, it takes effect immediately," said Rafique-Ul Huq.
At yesterday's press briefing, when reporters asked the cabinet secretary if a minister's post falls vacant once he or she submits resignation letter to the premier, he said he was not there to explain the constitution.
"My understanding of the constitution is meant for my official job. I have no confusion about it. And I'm not going to interpret the constitution.
"I can offer my resignation. But in my understanding, it will be subject to acceptance," he added.
On the size of the interim cabinet, Musharraf said he had no idea about it.
Talking to The Daily Star, Agriculture Minister Matia Chowdhury said the interim cabinet will not make any policy decisions during the election period. It will only carry out routine work like it is done in other democracies across the world.
The main opposition BNP yesterday demanded Hasina's resignation for resolving the ongoing political impasse.
"If the prime minister remains in the post, the ministers' resignation will not bring any solution," BNP Joint Secretary General Rizvi Ahmed said at a press conference at the party's Nayapaltan office.