
Six political parties on Wednesday, submitting their opinions on the draft July National Charter 2025, expressed different views, mostly focusing on the covenant part that prioritises the charter over the constitution and existing laws.
The National Consensus Commission earlier had requested political parties to give their feedback on the draft by August 20.
The Bangladesh Nationalist Party, the Nationalist Democratic Movement, the Amar Bangladesh Party, the Bangladesh Khelafat Majlish, the Amjanatar Dal and the Jatiya Gano Front submitted their opinions on the draft within the deadline.
Most of the parties, submitting their opinions on the day, opposed the draft covenant.
Some other parties, including the Bangladesh Jamaat-e-Islami, the National Citizen Party, the Communist Party of Bangladesh, the Bangladesh Jatiya Samajtantrik Dal-Jasod, and the Khelafat Majlis requested the NCC to extend the deadline.
Responding to their requests, the NCC extended the deadline to August 22, the commission said in a press statement Wednesday evening.
The draft charter is divided into three parts – a prologue outlining the historical context of reform initiatives, a set of 84 reform issues accepted by the majority of parties, and a covenant.
According to the draft covenant, the signatories will pledge to incorporate all the provisions in the charter into the constitution and prioritise the document over the existing law of the state.
The charter shall be deemed constitutionally and legally binding; hence, its validity, necessity, or issuing authority shall not be questioned in any court.
The draft covenant also says that only the Appellate Division of the Supreme Court is assigned the authority to interpret its clauses.
Opposing the draft covenant of the charter, BNP’s standing committee member Salahuddin Ahmed said that his party considered that the charter would be a political document and could not take precedence over the constitution.
He, however, refused to say details about BNP’s opinion.
‘However, we believe that a legal, valid, and constitutional mechanism for implementing the charter can be found through further discussion. BNP hopes that the charter will be endorsed and implemented with the national consensus,’ Salahuddin said.
Jamaat’s assistant secretary general Hamidur Rahman Khan Azad said that his party would soon refine its opinion on the draft charter and submit it to the commission.
Regarding the provisions in the draft covenant, he said, ‘This charter is the reflection of people’s supreme aspiration in the post-fascist era. The July uprising did not follow any existing law. Hence, this charter shall be prioritised above the existing laws.’
In its opinion opposing the draft covenant, the NDM said that the covenant that pledges to prioritise the charter over the constitution and the existing law of the state would create ‘scopes of arbitrariness’.
The NDM recommended repealing the draft covenant’s section 3 and section 4 about the Appellate Division and that bars questioning the charter in any court.
The party also recommended revisions in the prologue.
The Amjanatar Dal also opposed the prioritisation of the charter over the constitution. In its opinion, the party termed section 3 and section 4, as ‘conflicting’.
‘The covenant says that only the Appellate Division of the Supreme Court is assigned the authority to interpret its clauses. The same covenant says that this charter cannot be questioned in any court. This is conflicting,’ said Amjanatar Dal president Tarek Rahman.
Jatiya Gano Front chief coordinator Tipu Biswas, said his party also opposed the covenant. ‘Our party considers that any citizen of the country shall have the right to question any provision of the charter in court,’ he said.
The AB Party, in its opinion, did not oppose the prioritisation of the charter over the constitution and the existing laws. The party has no objection to the provision on the authorisation of the Appellate Division’s explanation on the charter.
However, the AB Party recommended that the draft covenant must provide a distinct list of ‘immediately’ implementable and constitutional amendment-related reform proposals.
Revolutionary Workers Party of Bangladesh general secretary Saiful Huq said, ‘We find the covenant “unnecessary”. Signature of the parties on the agreed reform points will be enough as a greater political commitment.’