The National Consensus Commission is considering two alternative recommendations for the interim government on how to implement the constitution-related proposals contained in the July National Charter.
One proposed option is for the government to issue a “constitutional order” based on the July Charter and then hold a national referendum to seek public approval.
The second option under consideration is to grant the next parliament dual powers — allowing it to function simultaneously as both the regular legislature and a “Constitution Reform Assembly.” In this arrangement, the next parliament would continue performing its legislative duties while also taking on the task of reforming the Constitution in line with the July Charter’s recommendations.
Sources within the National Consensus Commission confirmed the matter to Prothom Alo.
According to those sources, the Commission has prepared a draft regarding granting the next parliament the power to play a dual role. The draft has been shared with experts for their opinions. It will be finalised after consultations with them. The Commission is scheduled to discuss the matter with experts on Wednesday morning.
The Commission believes that the constitutional reform proposals contained in the July Charter, if implemented, would bring significant changes to the fundamental structure of the Constitution. There is a possibility that questions could arise over whether a regular parliament has the authority to alter the basic structure of the Constitution. If such reforms are made through a regular parliamentary process, they could later be challenged in court. However, if the next parliament is granted special powers for constitutional reform, there would be no scope for such challenges. The Commission considers it necessary to grant the next parliament special authority to ensure the sustainability of the reforms.
A source in the National Consensus Commission told Prothom Alo that the Commission’s idea is to empower the next parliament as a “Constitution Reform Assembly.” This power could be granted through a special order before the next election. In that case, the next parliament would have two responsibilities—one, to reform the Constitution based on the July Charter, and two, to carry out the regular duties of parliament.
Some believe that even if the July Charter is approved through a referendum, the next parliament should still be given special authority to implement it. However, some experts think that if the Charter is approved in a referendum, special powers for Parliament may not be necessary.
Earlier, during discussions with the Commission, several parties—including National Citizen Party (NCP), Rastro Songskar Andolon, and Ganosamhati Andolon—had proposed a similar idea of a dual role for parliament. The NCP had proposed forming a Constituent Assembly. However, the Commission believes that instead of naming it a Constituent Assembly, the next parliament can simply be granted the powers of a Constitution Reform Assembly.
The July National Charter is being prepared with 84 reform proposals. Among them, there are several proposals related to constitutional amendments, on which parties such as the BNP and others have differing opinions. Although the draft of the July Charter has been finalised, there is no consensus on the method of implementation, which has delayed progress. The implementation mechanism will not be part of the Charter itself. Instead, the Commission will provide the government with multiple alternative recommendations on how to implement it.
However, differences among parties regarding the implementation process have narrowed compared to before. In discussions with the Commission last Sunday, the political parties agreed that a referendum should be held to seek the people’s consent for implementing the Charter. But differences remain on several points — whether the referendum should be held on the same day as the national election or earlier, how to implement proposals on which there are differing opinions, and whether a constitutional order should be issued before the referendum. The Commission will hold further discussions with political parties on these matters on Wednesday afternoon.
Order required before referendum
Sources from National Consensus Commission said that a virtual meeting with experts was held on Tuesday afternoon to discuss the referendum. However, the discussion remained incomplete. The Commission will meet again with experts before holding talks with political parties today.
In Tuesday’s discussion, experts opined that before holding a referendum, the President must issue an order regarding the July Charter. Otherwise, questions may arise as to what the referendum is being held on. The current Constitution does not include any provision for referendums. Therefore, before a referendum, a constitutional order—or any order by another name—must be issued. What that order will include has not yet been decided. The Commission will hold further discussions with experts on this matter today.
The number and content of the questions to be placed in the referendum have also not been finalised. According to sources, there are several opinions on this. One proposal is to include a single question on whether all the proposals in the July Charter (including those with differing opinions) should be implemented. Another view is to divide them into packages — one package including proposals that all parties agree on, and another containing those with differing opinions. Additionally, some particularly important issues, such as elections to the upper house of parliament or elections to reserved seats for women, could be placed in separate packages. These matters will again be discussed with experts today.
Explaining why a constitutional order or an implementation order for the July Charter is necessary before the referendum, a member of the National Consensus Commission told Prothom Alo that currently, there is no provision for a referendum in the Constitution. Article 142 of the Constitution previously contained such a provision, but it was repealed during the Awami League government’s tenure. Recently, the High Court has issued an order to reinstate it. However, there is still debate about whether it is now part of the Constitution. Moreover, Article 142 only mentions a referendum for amending certain specific articles of the Constitution. Experts believe that under the existing 1991 Referendum Act, it would not be possible to hold a referendum to implement the July Charter.
In last Sunday’s discussion with the Commission, the BNP proposed that the Representation of the People Order (RPO), which governs national elections, could be amended to empower the Election Commission to organise a referendum, without requiring any constitutional order. They argued that the government does not have the authority to issue such an order.
The number and content of the questions to be placed in the referendum have also not been finalised. According to sources, there are several opinions on this. One proposal is to include a single question on whether all the proposals in the July Charter (including those with differing opinions) should be implemented. Another view is to divide them into packages — one package including proposals that all parties agree on, and another containing those with differing opinions. Additionally, some particularly important issues, such as elections to the upper house of parliament or elections to reserved seats for women, could be placed in separate packages. These matters will again be discussed with experts today.
Explaining why a constitutional order or an implementation order for the July Charter is necessary before the referendum, a member of the National Consensus Commission told Prothom Alo that currently, there is no provision for a referendum in the Constitution. Article 142 of the Constitution previously contained such a provision, but it was repealed during the Awami League government’s tenure. Recently, the High Court has issued an order to reinstate it. However, there is still debate about whether it is now part of the Constitution. Moreover, Article 142 only mentions a referendum for amending certain specific articles of the Constitution. Experts believe that under the existing 1991 Referendum Act, it would not be possible to hold a referendum to implement the July Charter.
In last Sunday’s discussion with the Commission, the BNP proposed that the Representation of the People Order (RPO), which governs national elections, could be amended to empower the Election Commission to organise a referendum, without requiring any constitutional order. They argued that the government does not have the authority to issue such an order.
In this regard, the same member of the Commission said that simply amending the RPO would not be enough to hold a referendum. The Election Commission Secretariat has already amended its law to include referendum organisation as part of its duties. But under what authority would the government call a referendum? The government must first acquire that authority legally. Therefore, an order must be issued before holding a referendum.
Further discussion today
The National Consensus Commission will meet again with experts at 12:00 pm today to discuss ways to implement the July National Charter. Then, at 2:00 p.m., the Commission will sit with political parties for further talks. Today’s discussions will primarily focus on hearing the parties’ opinions. If necessary, the Commission may present the two alternative proposals it is currently considering.
Initially, the Commission had expected to conclude the discussions today, Wednesday. However, it now believes that it may need to meet again with the political parties after today. On that occasion, the Commission may present its final recommendations on the implementation process before the parties.
Professor Ali Riaz, Vice President of the National Consensus Commission, told Prothom Alo that since there is already consensus on the issue of a referendum, experts are now focusing on it. In that case, it must proceed through an order as a preliminary step toward the referendum. The alternative proposals for implementing the Charter will also be discussed with the experts.
“Consensus has already been reached on holding a referendum. Through today’s discussions, we will try to understand how close the parties are on other issues,” Ali Riaz added.