Zillur in, Iajuddin out

Seasoned politician Zillur Rahman takes oath of office as the country's new president today on high expectations that he will work to restore dignity and integrity to the top constitutional post, which was mired in controversy by the outgoing president.

With Zillur Rahman stepping into the Bangabhaban, the official residence and office of the President, the unexpected long and controversial tenure of President Iajuddin Ahmed will come to an end this evening.

The Election Commission yesterday announced that Zillur Rahman has been elected unopposed the president of Bangladesh.

After 35 years since the August 15, 1975 bloody changeover, Zillur is the first incumbent with a long career in politics taking oath of the office to preserve, protect and defend the Constitution in such a time when the outgoing president has highly been charged for violating the constitution.

Chief Justice MM Ruhul Amin will administer the oath of office to the president-elect at Bangabhaban darbar hall in a simple ceremony for a term of five years and Zillur shall, as head of the state, take precedence over all other persons in the state.

With the swearing in as new president Zillur, who was elected uncontested yesterday on nomination of ruling Awami League, will be the fifth president elected by the parliament since the restoration of parliamentary system of governance in 1991.

Alongside the expectation for change in the presidency, questions are also being raised in public mind whether Zillur will follow Iajuddin's suit to only wait for the advice of the prime minister to act whatever the problem the country faces.

The office of the president is a ceremonial one and many people believe the president has noting to do without being advised by the prime minister. In a sense it is partially true since in exercise of all functions assigned to him by the constitution or any law, the president is required to act on the advice of the prime minister except that he shall act in his own discretion in matters of appointment of prime minister and chief justice.

But it's not the whole truth. The new president, if he wants, may play a significant role for the betterment of the country and strengthening the democratic process. Constitutional experts believe a man of high stature, integrity and experience holding the office of the president can exert great influence on the executive government by way of advice and counseling.

The president can also play a great role in building a bridge between the government and the opposition to strengthen the parliamentary democracy, they observed.

According to the constitution, the prime minister will inform the president on matters of domestic and foreign policy. The president may request the prime minister to submit any matter for consideration of the cabinet for the welfare of country's people, an authority may not appear to be a power at all, but constitutional expert observe it has considerable importance.

Constitutional expert and former attorney general Mahmudul Islam in his book titled 'Constitutional Law of Bangladesh' explained the significance of the oath of the office of the president.

“The president has taken mandatory oath in terms of article 148 to preserve, protect and defend the Constitution, which is not just a matter of formality or rituals. The oath creates an obligation or duty for the president to act to preserve, protect and defend the Constitution…. It is difficult to deny him necessary authority in discharging the duty of preserving, protecting and defending the Constitution….Thus he will not be bound to act on an advice of the Prime Minister if such advice is ex facie unconstitutional,” observed the former attorney general.

On the president's power to promulgate ordinance, Mahmudul Islam said the president cannot promulgate any ordinance without being advised in this behalf by the prime minister.

“But situation may arise where promulgation of an Ordinance becomes a necessity for the preservation of the Constitution or the continuity of the constitutional process. The president may promulgate such Ordinance without being so advised by the Prime Minister and the doctrine of necessity will render such ordinance valid,” he asserted.

The Constitution also gives the president power to grant pardons and reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. Like other powers the president has to exercise this power on the advice of the prime minister.

The supreme command of the defence services is vested in the president and its exercise is to be regulated by law.

No money bill or any bill involving expenditure from public fund can be introduced in parliament without recommendation of the president. Excepting money bill, the president has jurisdiction to send back any bill, which is placed before him for assent in 15 days, with message for consideration of the House.

If the president so returns the bill, the House shall consider it together with the president's message, and if the bill is again passed by the parliament with or without amendments, it shall be presented to the president for his assent, whereupon the president shall assent to the bill within the period of seven days after it has been presented to him, and if he fails to do so he shall be deemed to have assented to the bill on the expiration of that period.

According to the constitution, the president enjoys immunity. The president shall not be answerable in any court for anything done or omitted by him in the exercise or purported exercise of the functions of this office. During his term of office no criminal proceedings whatsoever shall be instituted or continued against the president in, and no process for his arrest or imprisonment shall be issued from any court.

Moreover, during the tenure of the caretaker government, the constitution provides the president with more authority. The caretaker government is collectively responsible to the president. The president does not require counter signature of the prime minister to declare state of emergency when the caretaker government operates.

GOOD BYE 'YESUDDIN'

Given the said constitutional powers, President Iajuddin Ahmed did little mentionable to protect, preserve and defend the constitution.

On advice of the BNP that elected him president in last parliament, he rather suddenly assumed the office of the chief adviser of the caretaker government at the end of 2006, violating the constitution and putting the country's political turmoil into grave crisis.

Being the chief adviser, he also badly failed to discharge his constitutional duties neutrally as he did not dare to ignore the suggestion of the BNP policymakers at that time. His failure put the country in grave political turmoil and finally he was forced to resign from the office of the chief adviser declaring the state of emergency on January 11, 2007 that suspended the January 22 scheduled parliamentary election.

He installed a new caretaker government led by Fakhruddin Ahmed on next day, but he acted as per the wish of the army backed caretaker government despite making the interim government accountable to him.

However, the BNP that elected him president finally accused him of violating the constitution for his failure to hold the parliamentary election despite assuming the office of the chief adviser. The BNP led opposition lawmakers boycotted his address to the inaugural sitting of the ninth parliament while the treasury bench lawmakers started blasting him for his controversial role as president. Participating in the discussion on thanks giving motion on the president's address, the treasury bench lawmakers have also been opposing to give thanks to the president.

Iajuddin, whose tenure was expired on September 5, 2007, but election to the presidency could not be held in absence of the parliament, just acted as president on advice of the then prime minister, Khaleda Zia and he proved his undoubted loyalty to the BNP, rather than the constitution.

It is very hard to remember whether he exercised his other constitutional powers including the matters related to assenting the bill or sending any matter to the then cabinet for consideration for the welfare of the country and people.

He did not dare to refuse to follow any advice of the then prime minister regardless of the advice constitutional or not or ethical or unethical. On advice of the then prime minister, Iajuddin Ahmed in January 2005 granted mercy to Mohiuddin Ahmed Jhintu, president of the then ruling BNP's Sweden chapter.

Jhintu was sentenced to death 22 years ago in a double-murder case. He had managed the mercy in only 10 days after his surrender to a court and left the country. Another convict in the same case has already been executed. The presidential mercy triggered widespread criticism at that time.

Political analysts observe Iajuddin has badly failed to uphold the dignity and integrity of the office of president and tarnished the image of Bangabhaban, which is not only the symbol of country's heritage but also plays an important part in the history of Bangladesh.