Can an alliance of independents replace Jatiya Party as opposition? Experts say ‘yes’

Independents have secured nearly six times as many seats as the Jatiya Party

After Sunday’s vote returned the largest number of independent candidates in the history of Bangladesh's parliamentary elections, the Jatiya Party’s position as the official opposition in parliament has been called into question.

Independents have secured 62, that’s nearly six times as many seats as the Jatiya Party’s meagre 11.

The Awami League is forming the government for a record-extending fourth term on the bounce with 222 seats that have given the party an absolute majority.

The second largest party in parliament by number of seats gets to be the official opposition and elect a leader of the opposition.

In the last two elections, the Jatiya Party came in second in parliamentary polls after the BNP’s boycott in 2014 and the debacle in 2018.

Now analysts are trying to understand whether any of the independents can become the leader of the opposition in parliament with the support of others. 

Can they form an alliance and become an opposition party or not?

Legal and constitutional experts say it is legally 'possible'.

And several Awami League leaders who won as independent candidates said that they will sit to discuss this matter after taking oath.

The victorious independent candidates even united after the 2014 polls and joined the ruling party three and a half years later.

This time too, if the independent candidates form a coalition and elect someone as their leader, then the Jatiya Party will have no chance to become the main opposition party, many experts believe.

Out of the 62 independent winners, 59 are from the Awami League. Of the rest, one is from the Jatiya Party and another defected from the BNP.

WHAT DOES THE LAW SAY?

According to the legal experts  the constitution is not clear about the election of the opposition party or the leader of the opposition in parliament.

The speaker has the authority to decide on this.

Rule 2(1) (m) of the Rules of Procedure of Parliament states: “‘Leader of the Opposition’ means that member of the Parliament who, in the opinion of the Speaker, is the Leader in the House of the Party, or of the Group, as the case may be, in opposition to the Government having the greatest numerical strength in the House.”

Former law minister Shafique Ahmed told bdnews24.com: "Even though there are 62 independent members of parliament, they alone do not have the opportunity to be an opposition party. But they can give support to any other party in parliament. The party that garnets most support will be the opposition party.

"And independent candidates can form alliances separately, then they can also be opposition parties, depending on how many people there are in that alliance."

Another Supreme Court lawyer, Tanjib-ul Alam, was on the same wavelength.

"If independent candidates form a front in parliament, they can also be an opposition party; it is called a caucus. The 62 independents can also be divided into three groups to form a platform,” he said.

“Again, here independent candidates can support other parties as well. In that case, those who get the majority will be the opposition party.”

When asked what the Awami League is thinking about the matter, its Legal Affairs Secretary Kazi Najibullah Hiru said, "If they [independent candidates] can unite, they will become a collective power.

“Then they can claim to be the opposition as the second largest party.”