Bangladesh: What will be the constitutional process if the President resigns?

Mohammed Shahabuddin took oath as the 22nd President of Bangladesh three years and three months ago. According to the constitution, the term of the President is five years from the date of assuming office.

On Wednesday, it was learned that President Mohammed Shahabuddin may resign. Ill health is likely to be cited as the reason for his resignation.

The BNP's top leadership has already sent a message to President Md. Shahabuddin—who was elected during the Awami League government—to resign. Discussions are also underway at high levels regarding his potential successor.

Meanwhile, when journalists questioned Home Minister Salahuddin Ahmed about President's resignation at the Secretariat on Thursday, he said that he too had heard the rumors about the President's resignation.

The Home Minister told journalists, "You yourselves said that a rumor is being heard, so a rumor is just a rumor. And if it is indeed a fact, we will also see."

When journalists pointed out that reports had also been published in the media, he wondered, saying, "It's appearing in the media? It could be. You should ask the President."

When asked about the procedure, he said that if the President wants to resign constitutionally, or due to health reasons, or for any reason, he has that option. When asked what the government's steps would be in this regard, he said that the government has no role here.

When it was mentioned that the President's term lasts until 2028, the Home Minister said, "Nothing more is being said from the government's side. You are seeing in the newspapers that rumors are being flying by, etc. I am also hearing them."

What is the legal process following a presidential resignation?

The President is the highest constitutional office in the country. According to the constitution, the President's term is five years. He can serve a maximum of two terms.

On April 24, 2023, Mohammad Shahabuddin took oath as the 22nd President of the country. At that time, he was elected unopposed as President with the nomination of the Awami League.

According to the state protocol, the President holds the first position. Mohammed Shahabuddin has been in this office for approximately three years and three months. His five-year term is scheduled to end in April 2028.

So what will be the legal process if he resigns before the end of his term? Constitutional expert and Senior Supreme Court lawyer Shahdeen Malik said that the constitution clearly outlines this process.
Senior lawyer Shahdeen Malik said that according to Article 50(3) of the Constitution regarding the term of the President, "The President may resign his office by writing under his hand addressed to the Speaker."

He mentioned that the resignation letter, stating the reason for resignation, is usually very short. "He will resign voluntarily. Whether voluntarily or under pressure, whatever the case, he will write: 'I am resigning due to health or personal reasons.' The resignation takes effect immediately. It is usually a two-line letter. Generally, everyone mentions personal reasons," he added.

According to the Constitution, within 90 days of the office of the President becoming vacant, the National Parliament will elect a new President. Until this election process is completed, the Speaker will continue to serve as the Acting President.

At the same time, the senior lawyer noted that once the resignation letter is submitted, there is no question of it being accepted or not accepted. He said, "In such positions, the resignation letter generally becomes effective as soon as it is handed over. That means once the resignation letter reaches the Speaker, it becomes effective from the moment the Speaker receives it. There is no scope for acceptance or non-acceptance here. Once the resignation letter is written, it is accepted."

What Happens After the Resignation Letter Is Submitted?

Shahdeen Malik said that after the President submits the resignation letter, the highest state office will not remain vacant. Article 54 of the Constitution states that during the President's absence, the Speaker will hold the office of the President.

It states: "If the office of the President becomes vacant, or if the President is unable to perform his duties due to absence, illness, or any other cause, the Speaker shall perform the duties of the President until a President is elected, or until the President resumes his duties, as the case may be."

Explaining this article, Shahdeen Malik said, "During the period between the President's resignation and the election of a new President, the Speaker will serve as the Acting President."

He noted that if the President resigns before the end of his five-year term, the office will not remain vacant—there will be an Acting President, and arrangements will be made in Parliament to elect a new President. He referred to Article 123(1) of the Constitution regarding the timing of this election.

This article states that if the office of the President becomes vacant due to the expiration of the term, an election to fill the vacancy shall be held within 90 to 60 days before the date of expiration. However, the article also mentions several conditions regarding this election.

It states that if the office of the President becomes vacant because the Parliament that elected the President has expired, then no new President can be elected until the next National Parliament election is held.

Additionally, after the National Parliament election is concluded, an election to fill the vacancy must be held within 30 days from the date of the first sitting of the new Parliament.

Furthermore, regarding elections in the event of the President's death, resignation, or removal, Article 123(2) of the Constitution states: "If the office of the President becomes vacant by reason of death, resignation, or removal, an election to fill the vacancy shall be held within ninety days of the occurrence of the vacancy."

Senior lawyer Shahdeen Malik explained, "Article 123 of the Constitution states that if the President resigns or the office becomes vacant, Parliament must elect a new President within the next 90 days. The election must take place within a maximum of three months. Whether it is three months or two months, the maximum is three months."