‘Ministers’ resignation as per Constitution’

Ministers submitted their resignation letters to Prime Minister Sheikh

Hasina in a gesture that is perfectly in keeping with the
Constitution, senior Awami League MP Suranjit Sengupta has said.
He said the doubts raised by the BNP regarding the constitutional
validity of the move were motivated.

The BNP maintains the ministers have ceased to be ministers once they
tendered their resignation letters to the Prime Minister, and has
urged government employees to ignore ministerial decisions.

The government, however, rejects the argument, saying a minister’s
resignation does not come into effect until his or her letter reaches
the President.

The Minister without Portfolio quoted Article 58 (2) of the
Constitution as stating that the Prime Minister may ask the ministers
to resign if he or she wants.

The resignations come into effect only on being gazetted after
reaching the President, he said, adding that the ministers merely
responded to the PM’s request in this case.

Prime Minister Hasina had proposed an all-party, poll-time government,
urging the Opposition to be part of it.

Opposition Leader Khaleda Zia rejected the request, suggesting,
instead, a ‘non-party’ caretaker government comprising advisors to the
two caretaker governments.

But all indications suggest that the government is going ahead with
the formation an all-party, poll-time Cabinet.

The ministers handed in their resignation letters to the Prime
Minister on Monday to facilitate the process.

Soon after the move, the BNP and some newspapers claimed the
ministerial posts had fallen vacant, given the provisions of the
constitution.

Law Minister Shafique Ahmed an Information Minister Hasanul Haq Inu,
however, countered the argument on Tuesday, saying the resignations
would become effective only after they were placed before the
President. -bdnews.com