A draft ordinance that grants legal validity to all actions taken by the interim government has received provisional approval. On September 19, the interim government, led by Muhammad Yunus, endorsed the draft, which now awaits gazette publication, according to sources from the concerned ministry.

The proposed Interim Government Ordinance, 2024 outlines that the caretaker administration will remain in power until a new prime minister is appointed by the 13th Parliament, with no specific term limit defined.

The draft ordinance specifies that no court, including the Supreme Court of Bangladesh, can challenge the legitimacy of any government action taken during this period. It further bars the filing of lawsuits concerning these actions, reinforcing the government’s immunity from judicial scrutiny.

Cabinet Secretary Sheikh Abdur Rashid commented on Friday, "The interim government will remain in place until a newly elected government takes office. Further details will be provided once the ordinance is formally issued."

He added, “The draft was prepared after careful consideration of various factors. However, the law advisor is currently abroad, and further discussions will occur upon his return.”

The interim government was established on August 8, following the resignation and departure of Sheikh Hasina to India on August 5. Parliament was dissolved shortly before the caretaker administration assumed office. Despite constitutional provisions mandating elections within 90 days of parliament’s dissolution—with a possible extension of 90 additional days if necessary—no clear timeline has been provided by the interim government.

Army Chief General Waker-Uz-Zaman told a foreign news outlet that elections might be held within 18 months, a statement the government dismissed as his personal opinion. Law Advisor Asif Nazrul suggested elections could take place in late 2025, while Religious Affairs Advisor AFM Khalid Hossain clarified that this was not an official stance.

The Bangladesh Nationalist Party (BNP) has called for early elections, emphasizing that constitutional amendments should be decided by an elected parliament for enduring stability. Meanwhile, Jamaat-e-Islami, initially favoring "reforms first, elections later," has revised its stance, now advocating for “quick reforms and immediate elections.”

Sources indicate that the ordinance provides sweeping legal protection for the government's activities. It declares that all powers exercised, and all ordinances, regulations, notifications, and measures taken from the time of the government's formation until a new prime minister’s appointment, will be considered legally valid. This immunity extends to any errors in the formation of the government or the appointment of the chief advisor and other advisors, ensuring no action can be declared illegal or annulled.

The ordinance further outlines the interim government's structure and functions:

• The chief advisor can appoint as many advisors as deemed necessary.
• The president will administer oaths to the chief advisor and advisors.
• The interim government will support the Election Commission in conducting a free and fair election.
• The chief advisor will enjoy the rank and privileges of a prime minister, while advisors will receive the rank and benefits of ministers.
• The chief advisor and advisors can resign by submitting written letters to the president.
• If the chief advisor’s position becomes vacant, the president may appoint a new chief advisor from among the existing advisors.
• During the interim government’s tenure, the president must act on the chief advisor’s advice, including when declaring a state of emergency, which requires the chief advisor’s countersignature.

The ordinance represents a significant legal framework aimed at stabilizing governance during the transitional period, though concerns about democratic oversight remain high.