Constitutional reform council must be formed through parliamentary deliberation: Home minister

Home minister Salahuddin Ahmed has said that he considers the constitutional reform council to be unconstitutional at present.

He stated that, on that basis, no one can participate in parliament in such a capacity.

According to him, if a constitutional reform council is to be formed in accordance with the verdict of a referendum, it must be established through deliberation in parliament, which would require an amendment to the constitution.

The home minister made these remarks at the secretariat while responding to questions from journalists after a meeting with prime minister Tarique Rahman at the cabinet division on Monday.

Members of parliament elected from the Bangladesh Nationalist Party (BNP), which secured an absolute majority in the 13th parliamentary elections, have taken their oath. The BNP subsequently formed the government under the leadership of prime minister Tarique Rahman.

However, they have not taken oath as members of the constitutional reform council. In contrast, newly elected candidates of Bangladesh Jamaat-e-Islami have taken oath both as MPs of the 13th parliament and as members of the constitutional reform council.

Responding to journalists, Salahuddin Ahmed said, “The first session of the 13th parliament will sit on 12 March. Those of us who have taken oath as members of parliament will join as MPs. Beyond that, since there is no entity called the constitutional reform council, those who have taken oath as its members have done so on their own account; however, they cannot participate in parliament in that capacity. Only MPs may participate.”

He added that discussions concerning the constitutional reform council, whether in public forums, seminars or political statements, may continue as a matter of political rights. “They have the right to speak and to raise demands,” he said.

Stressing that “we cannot place anything unconstitutional before parliament,” the home minister stated, “We have said that if a constitutional reform council is to be formed in accordance with the referendum verdict, it must be done through discussion in parliament and by implementing that verdict. In that case, an amendment to the constitution will be required. Once the constitution is amended and the matter incorporated into it, questions such as whether members will take oath as members of the constitutional reform council, who will administer that oath, and in what form it will be administered, must all be addressed within the constitutional framework. Therefore, this is a lengthy process requiring thorough deliberation."

The home minister further said that he had learned that a writ petition had been filed in the High Court challenging the “July National Charter (Constitutional Reform) Implementation Order–2025”, claiming that it violated or was inconsistent with the constitution and lacked legal validity.

He indicated that a hearing on the matter was scheduled for the day and added, “Let us see what view emerges from the judiciary. That, too, may be taken up for discussion in parliament.”

Salahuddin Ahmed emphasised that all matters would be considered lawfully and constitutionally through parliamentary deliberation, which he described as the essence of democratic practice.

The home minister also disclosed that a proposal had been made to allocate the post of deputy speaker in the 13th parliament to the principal opposition party, Bangladesh Jamaat-e-Islami.

In this regard, he said, “Out of respect for the July National Charter and on the basis of consensus, we have reached an understanding and wish to begin its implementation as a political document of agreement from now. Accordingly, on behalf of our party, we have both verbally and in person offered the principal opposition party the opportunity to nominate the deputy speaker, so that the individual may be elected on the same day as the speaker in parliament.”

When asked about the 133 ordinances promulgated during the tenure of the interim government, the home minister replied that, in accordance with constitutional requirements, the ordinances must be placed before the first session of parliament.

“They will be tabled, and thereafter it will be for parliament to determine which are adopted and which are not,” he stated.