Next parliament to complete constitutional reforms within 9 months

To implement the constitutional reform proposals outlined in the July National Charter, an official order titled ‘July National Charter (Constitutional Reform) Implementation Order–2025’ will be issued first. Following that, a referendum will be held to secure public consent on the proposed reforms.

The next parliament, in addition to carrying out its regular legislative functions, will act as a Constitutional Reform Council for its first 270 days (nine months) in office. During this time, the parliament will incorporate into the Constitution the proposals that pass through the referendum.

According to relevant sources, the National Consensus Commission is set to recommend this process of implementation for the July Charter to the government. The commission will formally submit its proposal to the interim government today, Tuesday in the afternoon.

The commission’s recommendations will also include an alternative plan for implementation of the July Charter outlining what should happen if the reforms are not implemented within the 270-day timeframe. However, details of this alternative could not be confirmed as of Monday.

A Consensus Commission source said that under the alternative discussed by the Commission, the government would draft the constitutional reform proposals in the form of a bill (a draft constitutional amendment law) and place it before the people in a referendum.

If it is passed in the referendum, the constitutional reform council would approve the proposals without altering them in essence. If the next parliament acting as the constitutional reform council failed to do so within 270 days, the proposed reforms would automatically be incorporated into the Constitution.

Initially, the commission had planned to submit the draft recommendation detailing implementation method of the charter to the government on Monday. However, members agreed that before finalising the recommendation there should be a formal meeting with the head of the commission, the chief adviser.

Accordingly, a meeting was held with chief adviser professor Muhammad Yunus on Monday afternoon, and he had positive views about the draft proposal.

On Monday, a press release from the chief adviser’s press wing stated that the closing meeting of the National Consensus Commission took place at the state guesthouse Jamuna, chaired by professor Muhammad Yunus. The commission will submit its recommendations regarding the implementation of the July National Charter to the government at 12:00 pm on Tuesday.

The meeting was attended by vice-chairman of the commission, professor Ali Riaz, commission members retired justice Md Emdadul Haque, Iftekharuzzaman, Badiul Alam Majumdar, Md Ayub Miah, and the chief adviser’s special assistant Monir Haidar.

Sources within the commission said the recommendation would call for issuing a formal order to implement the reform proposals. The order would be issued by the government ‘based on the sovereign authority and will of the people as expressed through the mass uprising’.

The order, titled ‘July National Charter (Constitutional Reform) Implementation Order–2025’, will contain some provisions that would take immediate effect, while others will come into force later. The order will specify which clauses are to be enforced immediately.

The sources also stated that the preamble of the order will briefly outline the implementation process. It will state that approval of the public, the holders of sovereign power, is required to implement the constitution-related reform proposals. Therefore, it is necessary to hold a referendum, form a Constitutional Reform Council, and carry out the reforms through that council.

Before the referendum, the government will draft a bill based on the proposals included in the July Charter to inform the public and assist the Constitutional Reform Council in its work. A separate ordinance will be issued to hold the referendum, added the sources.

Reportedly, the background section of the order will describe the 2024 July-August mass uprising, which was the culmination of a long democratic struggle. It will state that through this movement, the sovereign power and will of the people were manifested.

The uprising lead to the downfall of the then authoritarian and fascist government on 5 August 2024, the dissolution of parliament on 6 August, and the formation of the interim government on 8 August, which has since gained national and international recognition.

To establish good governance, democracy, and social justice, and to prevent the return of authoritarian rule, the government formed six separate reform commissions, on the Constitution, electoral system, judiciary, public administration, police, and anti-corruption mechanisms.

Then the National Consensus Commission was formed to consolidate consensus on the recommendations made by these six commissions. Through consultations with 30 political parties and alliances, the commission drafted the July National Charter containing reform proposals for the Constitution and other sectors. Of them 25 parties signed the charter, pledging to implement the reforms.

Several sources within the National Consensus Commission confirmed that differing opinions among political parties regarding the reform proposals will not be included in the referendum. The referendum will be held strictly on the proposals as formulated by the commission.

If the ‘Yes’ vote wins in the referendum, the reforms will be implemented exactly as proposed by the Consensus Commission. Whether the referendum will be held on the same day as the national election or beforehand might be left to the government to decide.

So far, 25 political parties and alliances have signed the July National Charter, which includes 84 reform proposals prepared by the six reform commissions. However, there are differences among certain political parties, particularly the BNP, Jamaat-e-Islami, and the National Citizen Party (NCP), over the implementation of the 47 constitutional reform proposals detailed in the charter. The NCP does not want to sign the July Charter without seeing assurance of its implementation.

Determining the method of implementing the charter was not within the mandate of the National Consensus Commission. However, following demands from several political parties, including Jamaat-e-Islami and the NCP, the Commission held formal and informal discussions with political parties and experts after 31 July on how the charter could be implemented. These discussions concluded on 9 October.

During the discussions, there was consensus on implementing the charter through a referendum. However, differences remained among the parties regarding the legal basis, timing, and procedure of both the charter and the referendum. Based on the opinions of the parties and experts, the National Consensus Commission is now preparing to submit its own recommendations on how the charter should be implemented.

Monday evening, professor Ali Riaz, vice-chairman of the National Consensus Commission, told Prothom Alo that they would recommend such provisions regarding the implementation process of the July National Charter that would ensure that the long-standing discussions among political parties and the aspirations of the mass uprising are translated into reality.