‘Yes’ vote to open path to reforms

If ‘Yes’ wins in the referendum on 12 February, the way will be opened to introduce several fundamental changes or reforms to the Constitution. Alongside its regular functions, the next parliament will act as a Constitution Reform Council to ensure these constitutional changes.

People concerned say that if the reform proposals are implemented, the prime minister’s unilateral powers will be reduced to some extent, while in certain areas the president’s powers will increase.

Appointments to constitutional posts will be made through committees comprising representatives of the ruling party, the opposition, and in some cases the judiciary. Members of parliament will have greater freedom in voting on issues in parliament. Overall, the possibility of establishing a balance of power among different organs of the state will increase.

In addition, changes will be expanded to the fundamental principles of the state and fundamental rights will be expanded. The next parliament will be bicameral. Changes will be brought to the constitutional amendment process, making it difficult to amend the Constitution at the behest of a single party.

On 12 February, the day of the 13th parliamentary election, a referendum will also be held simultaneously on implementing the constitution-related proposals of the July National Charter.

Following the fall of the Awami League government through a mass uprising, the interim government led by Professor Muhammad Yunus was sworn in on 8 August 2024. From the outset, the government has spoken of bringing reforms in various sectors of the state.

To that end, in the first week of October 2024, reform commissions were formed for the constitution, the electoral system, the judiciary, the Anti-Corruption Commission, the police, and public administration. Later, commissions were also formed to make reform recommendations in several other sectors.

Among the recommendations of the first six reform commissions, 166 were identified as important. To build consensus on these with political parties, the National Consensus Commission began its work on 15 February last year.

After extensive discussions with 30 political parties, consensus and decisions were reached on 84 reform proposals. These were compiled into the July National Charter, of which 48 proposals are constitution-related.

The other proposals can be implemented through government orders, ordinances, or laws and regulations. Some recommendations of various reform commissions have already been implemented by the interim government.

However, the Constitution-related proposals cannot be implemented through ordinances or any executive orders. A referendum will be held on 12 February on these 48 Constitution-related reform proposals included in the July National Charter. Among them, the National Consensus Commission identified 19 as fundamental reform proposals.

There are essentially three stages to implementing the constitution-related proposals. First, an order is issued to provide a legal basis. On 13 November, the president issued the July National Charter (Constitutional Reform) Implementation Order, 2025.

The second stage of implementation will be the referendum. This referendum will be held on the July Charter Implementation Order and the constitution reform-related parts of the July National Charter.

If ‘Yes’ wins in the referendum, the third stage will begin. In that case, a Constitutional Reform Council will be formed with the representatives elected in the upcoming parliamentary election. Members of parliament will simultaneously serve as regular MPs and members of the Constitutional Reform Council.

The Reform Council will complete the reforms in accordance with the July National Charter and the referendum results within 180 working days from the date of its first session.

However, the implementation order does not mention what will happen if the council fails to complete constitutional reforms within the specified time.

If ‘No’ wins in the referendum, there will no longer be any obligation to implement the constitution-related reform proposals. In that case, such reforms will depend on who comes to power in the future and the extent of their majority in parliament.

The referendum ballot will contain four sections or issues. Although there are four sections, they collectively encompass the 48 Constitution-related reform proposals.

Under the existing constitution, all executive authority is vested in the prime minister. Except for appointing the prime minister and the chief justice, the president must act on the advice of the prime minister in all other matters.

People concerned say that as proposed, the prime minister’s powers will be reduced in appointing constitutional officeholders. In these appointments, the opposition will also have the opportunity to provide input.

For example, in forming the Election Commission, the proposal states that a selection committee comprising representatives of the ruling party, the opposition, and the judiciary will select the chief election commissioner and other commissioners. Those selected by the committee will be appointed by the president.

Similar appointment procedures have been proposed in the July Charter for the Ombudsman, the Public Service Commission (PSC), the Comptroller and Auditor General, and the Anti-Corruption Commission (ACC). However, BNP expressed differing views on the appointment processes for these four institutions during discussions with the Consensus Commission.

According to the reform proposals, an individual may serve as prime minister for a maximum of 10 years in their lifetime. A provision has also been proposed stating that a person holding the office of prime minister will not simultaneously hold the position of party chief. BNP, however, expressed dissent on this proposal as well.

Currently, the president acts on the advice of the prime minister. However, if the proposals of the July Charter are implemented, the president will be able to appoint, within their own authority and without advice or recommendation, members of the Human Rights Commission, Information Commission, Press Council, Law Commission, the Governor of Bangladesh Bank, and the Energy Regulatory Commission.

The July Charter proposes making the legislature or parliament bicameral and forming the upper house through proportional representation (PR). It states that amending the Constitution will require the support of two-thirds of the members of the lower house and a majority of the members of the upper house.

People concerned say that if implemented as proposed, opportunities for accountability and a balance of power in parliament will increase. Parties will receive seats in the upper house in proportion to the votes they receive nationwide in elections. As a result, the ruling party is less likely to have a single-party majority in the upper house, creating a form of balance. This will make it difficult, as in the past, to amend the constitution at the demand of a single party.

Under the existing system, members of parliament cannot vote against their own party. The July Charter states that MPs will be able to vote freely on any issue except money bills and confidence votes.

In addition, the charter proposes that the chairpersons of four important parliamentary committees, along with some other committees, be from the opposition.

Alongside the reform proposals, the referendum will ask whether people support the July National Charter (Constitutional Reform) Implementation Order. If ‘Yes’ wins, the July National Charter (Constitutional Reform) Implementation Order will also gain legitimacy through the referendum.

The background of this order states that the mass uprising of students and the public in July–August 2024 expressed the sovereign power and will of the people. As a result of the uprising, the then fascist government fell on 5 August 2024, parliament was dissolved on 6 August, and the current interim government was formed on 8 August.

Initially, the draft July Charter stated that the interim government led by Professor Muhammad Yunus assumed office on 8 August 2024 based on the opinion of the Appellate Division of the Supreme Court under Article 106 of the existing Constitution. Later, the reference to assuming office based on the Supreme Court’s opinion was removed.

People concerned say that as a result of this change, the July National Charter Implementation Order refers to the existing government as a government formed through an uprising. If ‘Yes’ wins in the referendum, this will also gain legitimacy.

If the reforms are implemented, the upper house of the legislature will be formed in the next parliament itself. According to the July National Charter (Constitutional Reform) Implementation Order, the upper house will be formed within 30 working days of the Constitutional Reform Council approving the proposals following a ‘Yes’ vote in the referendum.

Beyond these, a ‘Yes’ vote in the referendum will open the way for implementing several other reform proposals, including the reinstatement of the caretaker government system, delimitation of electoral constituencies, provisions related to presidential clemency, decentralisation of the judiciary, declaration of a state of emergency, appointment of the chief justice, increasing women’s representation in parliament, and the mechanism for electing the president.