Political parties were divided on the idea of the July National Charter鈥檚 execution method through a constitution order, followed by a referendum, as it was presented by the National Consensus Commission on Wednesday.
During its third-round discussion with 30 political parties at the Foreign Service Academy in Dhaka, the consensus commission presented the final advice from its panel of legal experts.
The panel advised that the interim government might enact a constitution order under the authority of the July Declaration鈥檚 鈥楢rticle鈥� 22 to incorporate the core reforms envisaged by the 鈥楯uly Charter鈥�. Therefore, the constitution order might be put to a referendum to be held on the same date as the next general election.
Several politicians, including Bangladesh Nationalist Party standing committee member Salahuddin Ahmed, opposed the expert panel鈥檚 term 鈥楢rticle鈥� and suggested using 鈥榮ection鈥� instead, as they said that the declaration was yet to get legal foundation.
The July Declaration鈥檚 section 22 states that the people of Bangladesh express their desire for democratic reforms to the existing constitution and all state and constitutional bodies to ensure good governance, fair elections, economic and social justice, and the rule of law, and to prevent the return of fascist rule.
On August 10 and August 24, the same panel had suggested executing the July Charter, through a referendum, or a 鈥榮pecial鈥� constitutional order, or seeking the Supreme Court鈥檚 advice under article 106 of the constitution, or by issuing ordinances.
In Wednesday鈥檚 meeting, several parties, including the Bangladesh Jamaat-e-Islami and the Bangladesh Khelafat Andolan, supported the expert panel鈥檚 final opinion.
On the contrary, the BNP and the National Citizen Party, among others, opposed the expert panel鈥檚 final opinion for different reasons.
Jamaat鈥檚 assistant general secretary Hamidur Rahman Azad said that politicians have ambiguity in defining the present interim government. 鈥楾hey are in confusion whether it is a constitution-approved government or a government formed upon the people鈥檚 supreme aspiration after the July uprising.鈥�
To his understanding, the July uprising was caused by the people, and their supreme aspiration formulated the interim government.
Regarding the July Charter鈥檚 legality and its聽 execution method, Azad said, 鈥榃e have to choose a hybrid method of constitutional and revolutionary approaches. A parliament cannot bring the basic reforms that we are all expecting.鈥�
He advocated for the proposed constitution order in the spirit of the people鈥檚 supreme aspiration and cementing the charter through a referendum.
He rejected the proposal of seeking the Supreme Court鈥檚 advice as per article 106.
According to the constitution鈥檚 article 106, the president may refer a significant legal question of public importance to the Supreme Court鈥檚 Appellate Division for its opinion, and the division can report its view to the president after a suitable hearing.
BNP鈥檚 Salahuddin recommended the expert panel鈥檚 earlier proposal for utilising article 106.
He said that the chief adviser, now playing a prime minister鈥檚 role, could suggest the president seek the Supreme Court鈥檚 opinion.
鈥榃ithout seeking the Supreme Court鈥檚 advice, finalising the way by ourselves [politicians in the NCC dialogue] will create a bad precedent to encourage repealing of our reform activities,鈥� Salahuddin said.
Suggesting that a referendum could be applied after the next general elections, he warned that a referendum, simultaneously with the national elections, would risk the July Charter.
NCP joint convener Javed Rasin opposed the idea of seeking the Appellate Division鈥檚 advice.
He expressed his concern that the Supreme Court may reject the entire July Charter as it contains reinstatement of such things which were rejected by the 8th amendment.
He repeated his party鈥檚 recommendation for the formation of a constituent assembly to facilitate 鈥榝undamental changes鈥� to the constitution.
Amid differences among the politicians, some political parties sought suitable solutions from within and beyond the existing constitution.
Ganosamhati Andolan chief coordinator Zonayed Saki and Amar Bangladesh Party senior assistant general secretary Sunny Abdul Haque, among others, said that a hybrid of constitutional, like utilising article 106, and beyond constitutional method, like issuing a constitutional order, would be suitable.
The NCC vice-chair adjourned the session, giving the idea that the next session would be held in early October.
