Two views
The heart of the issue is: Is the President too ill to fulfill his duties?

Not only is the illness an element involved in this issue, but also the extent of the President's illness, which makes him incapable of properly carrying out his functions.

There are two views on this issue. Firstly, the government has said that the President was too ill, and so during his absence, the Speaker was to temporarily execute the functions of the President as per the constitution.

On the other hand, the opposing political parties believe that the President has recovered from his illness and he is not being allowed to perform his functions by the government, who have an ulterior motive, and that this is a serious breach of the constitution.

The debate has intensified after the President's return to Dhaka, and Bangabhavan has become the office of the President-in-Charge as well as the resting place of the President. One minister reportedly argued that it would have been better if the Speaker fulfilled these temporary duties from the Speaker's Office, rather than from Bangabhavan.

The correctness of either of the views depends on whom to believe in relation to the state of the President's health.

Article 54
The government's position is that what the President-in-Charge has been doing is perfectly legal under Article 54 of the constitution:

"If a vacancy occurs in the office of the President or if the President is unable to discharge the functions of his office on account of absence, illness or any other cause the Speaker shall discharge those functions until a President is elected or until the President resumes the functions of his office, as the case may be."

The government reportedly makes it clear that Article 54 is invoked to suit the current situation and that the Speaker is simply carrying out his duties while the President recovers from his illness.

Applicability of article
It seems that the actual debate lies elsewhere, as the issue is really based on the lack of trust that the opposing political parties have on the government.

Whatever facts the government brings forth in connection to the physical fitness of the President, the opposition parties do not believe. They feel doubtful about the whole situation for many reasons, but the following are a few to be pointed out:

(a) They argue that the President was released by the Singapore hospital so that he could travel more than three hours in a plane to Dhaka and it is assumed that the President is fit and well under the circumstances. His conduct on arrival in Dhaka confirmed this.

(b) Ordinarily, a by-pass surgery patient is allowed to resume his office work after six weeks. But it is also important to note that each individual's health is different and it is up to the surgeon and physicians to judge the physical state of health of each patient after the surgery.

(c) The opposition parties are suspicious of the government, because in the past the four-party alliance, with the support of the government, was able to compel the former President, the ex- Secretary General of the BNP, to resign within 8 months.

(d) Furthermore, they claim that the BNP-led alliance has been pulling strings to assure that they return to power in the ensuing general election. Furthermore, the opposition also claims that the four-party alliance government led by the BNP is determined to install a "loyal and strong" President before they leave the office in late October.

Resolution of controversy
The prickly controversy could be easily resolved if:

(a) The President himself comes out with a statement about his state of health, or

(b) The views of the Singaporean cardiothoracic surgeon are obtained as to whether or not the President is really physically well enough to return to office.

However it appears that until now, the government has not transparently made the basis of their view to the opposition and to the public; mere statements from the Press Secretary to the President or from Ministers do not impress anyone.

As stated earlier, the controversy's origin is the existing state of confrontational politics in the country, and even more as the general elections draw nearer. The political confrontation has reached a level where one side suspects the other's each and every move. There is also an impression among the public that the government has not helped much by not making things clear concerning the President's health.

Other provisions
Article 50(3) of the constitution provides that: "The President may resign his office by writing under his hand addressed to the Speaker." The opposition reportedly alleges that the President has been put into such an uncomfortable situation that he might consider resigning his office.

Such action, they perceive, will facilitate the implementation of the "hidden wishes" of the government, that is, to elect a very "loyal" person as the President whose term will be for five years from the date when the person enters the office (Article 50.1) That President can make the tenure of the next elected government difficult in case the opposition alliance wins the election.

Article 52(1) provides for the impeachment of the President for "violating this Constitution or of grave misconduct and the President can be removed by the votes of not less than two-thirds of the total number of members declaring that the charge has been substantiated."

Article 53 (1) provides the removal of the President on grounds of either physical or mental incapacity. However there are processes stipulated in the constitution in order to go forth with such removals. For example, a proposal to the Speaker can be submitted from the majority of the total number of members of parliament. Also, the President can be granted the right to appear before a medical board and then a motion of removal can be passed by the "votes of not less than two-thirds of the total number of members of Parliament."

Political observers believe that it will not pay politically if the controversy on the office of the President continues. The public is getting more and more curious day by day due to the lack of clarity concerning the current situation. They are simply confused.

It is desirable that the government makes the case understandable by declaring the actual state of the President's health, corroborated either by a statement from the President or by the Singaporean surgeon.

Barrister Harun ur Rashid is a former Bangladesh Ambassador to the UN, Geneva.