May 28, 2025 4:57 pm
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Presidential Power Under Article 141(A) – A Legal Path to Restoring Order?

Dastagir Jahangir

The current political turmoil and widespread unrest in Bangladesh have raised significant questions about the role of the state and the powers vested in its highest office. Under Article 141(A) of the Constitution of Bangladesh, the President holds the authority to declare a state of emergency in cases of grave threats to national security, public order, or stability. In times of crisis, this provision empowers the President to take drastic measures, including deploying the military and issuing directives to restore peace and stability.

In the present situation, marked by escalating violence, widespread dissatisfaction, and increasing protests, the possibility of invoking Article 141(A) is a topic of heated debate. The President, as the custodian of the Constitution, has the prerogative to ensure that the country does not descend into chaos. If the situation deteriorates to a point where civil institutions and law enforcement agencies are unable to maintain order, the military’s involvement could become a necessary measure for safeguarding national interests.

By declaring a state of emergency, the President would be able to issue directives to the military to restore peace and arrest individuals who are deemed to be part of an illegal government or violating constitutional norms. Such action would aim to bring about a sense of order, ensuring that law and justice prevail. The military, under the President’s command, could play a pivotal role in this process by stabilizing volatile regions and securing key state institutions.

However, it is essential to balance this power with the need for constitutional democracy. Any action taken under Article 141(A) should be temporary and designed to restore the democratic process rather than undermine it. The use of military force must be measured and proportional, ensuring that it does not lead to long-term militarization of politics or the suppression of civil liberties. The goal should be to create an environment conducive to holding free and fair elections, allowing the people to choose their leaders and re-establishing the rule of law.

In conclusion, the President’s power under Article 141(A) is a potent tool that, if used judiciously, can restore peace and stability in times of national crisis. The need of the hour is to ensure that this power is exercised with restraint, focusing on the larger objective of preserving democracy, peace, and the sovereignty of the nation.

Dastagir Jahangir, Editor The Voice

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