Newly elected members of parliament may take their oath either before the Chief Justice, acting as a nominee of the President, or before the Chief Election Commissioner (CEC), Law, Justice and Parliamentary Affairs Adviser Asif Nazrul said on Wednesday.
Speaking to reporters at the Secretariat on February 5, the adviser said the matter remains a policy decision, with no final determination yet. "This is a policy decision of the government.
I cannot say anything final at this stage," he said. "We have two options. One is that a person nominated by the President administers the oath-this could be the Chief Justice. If that does not happen, the Chief Election Commissioner can administer the oath. But in that case, we must wait three days, which we want to avoid. Our intention is to arrange the oath-taking as soon as possible after the election."
Explaining the constitutional provisions, Asif Nazrul said that under the existing framework, newly elected MPs following the February 12 polls are required to be sworn in by the Speaker, or in the Speaker's absence, by the Deputy Speaker, followed by other designated authorities.
However, he said the current situation has created a constitutional deadlock.
"At present, one of the Speaker and Deputy Speaker is missing, and the other is in jail. There are serious cases against them, and they have also resigned-particularly the Speaker. In this situation, I do not think there is any scope for them to administer the oath," he said.
The adviser noted that the law provides alternative mechanisms in such circumstances.
"If the oath cannot be administered in the usual way, then a person nominated by the President on the advice of the Chief Adviser may do so. Alternatively, if the oath is not taken within three days, the Chief Election Commissioner can administer it," he added.
Asif Nazrul said consultations would be held with the Parliament Secretariat to determine the most legally viable option before advising the Chief Adviser.
The issue has gained urgency ahead of the February 12 election, as an unprecedented vacuum in parliamentary leadership raises constitutional questions over oath-taking and legislative continuity.
Meanwhile, the Election Commission (EC) has confirmed that the Chief Election Commissioner (CEC) can administer the oath to newly elected members of parliament amid uncertainty over who should conduct the swearing-in.
