What the Constitution says on House’s tenure and oath-taking

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Emran Hossain Shaikh
Published : 06:00, Jan 03, 2019 | Updated : 06:00, Jan 03, 2019

National Parliament House of Bangladesh. BANGLATRIBUNE/Sazzad HossainWith oath-taking for the lawmakers to the 11th National Parliament set for Thursday, discussion is on whether the swearing-in ceremony can take place before the tenure of the 10th parliament expires

Constitution experts, however, say that there’s no legal restriction from taking early oaths. In that case, the existing parliament will automatically dissolve.

There are some contradictions since Section 148 states taking responsibility with oath though Section 123 mentions that responsibility cannot be taken until the tenure of the previous parliament expires.

Regarding tenure of the parliament, the Constitution says that if the president does not dissolve, then parliament will automatically cease to exist after five years from first session.

Therefore, the tenure of the 10th parliament, which convened its first sitting on Jan 29, 2014, will expire on Jan 28. If Section 123 is adhered to then before that time, MPs will not be able to take responsibility.

Former law minister Shafiq Ahmed told Bangla Tribune: “After the result is declared in the gazette, the rule is to have the swearing-in ceremony within three days.”

Sources say the first session of the 11th parliament will be held after Jan 28 as the Constitution stipulates that the session has to be convened within 30 days of publication of gazette notification on the polls' results.

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