Referendum before national election unnecessary, irrational: Mirza Fakhrul

BNP Secretary General Mirza Fakhrul Islam Alamgir has said that, according to the constitution, the interim government has no authority to issue an order for implementing the July National Charter.

He also described holding a referendum before the national election as unnecessary, irrational, and ill-advised.

Mirza Fakhrul made these remarks Today, Thursday at a press conference organised by the BNP standing committee at the party chairperson’s political office in Gulshan of Dhaka.

The press conference was held to announce the decisions taken at an emergency meeting of the BNP standing committee held on Wednesday night.

Reading out a written statement at the press conference, BNP Secretary General Mirza Fakhrul Islam Alamgir said that the government is planning to issue an order titled July National Charter (Constitution Reform) Implementation Order 2025 to enforce the constitutional amendments outlined in the July National Charter 2025.

He noted that drafts of such a proposed order were included in Annex-2 and Annex -3.

According to him, the government does not have the authority to issue such an order. As per Article 152 of the constitution, an ‘order’ carries the status of law; therefore, its issuance falls within the jurisdiction of the president.

Mirza Fakhrul pointed out that the July Charter does not mention the opinions, differing views, or notes of dissent from political parties. “This means the recommendations and proposals of the consensus commission are one-sided and are being imposed upon the nation in an authoritarian manner,” he said.

“Then it seems that the year-long discussions between political parties, the reform commission, and the national consensus commission were meaningless, a waste of time and resources, a farce, and a deception of the nation,” he added.

Mirza Fakhrul said that in a democracy, political parties are naturally expected to hold differing opinions, which is why dialogue was necessary. However, the consensus commission completely disregarded the democratic right of political parties to disagree.

The implementation order (proposal) states that alongside the formation of the new parliament through the general election, a constitutional reform council would also be constituted. The members would take oaths separately as MPs and members of the council. “In other words, the elected parliament would also act as a constitutional reform council,” Mirza Fakhrul said.

He questioned, “The election commission is constitutionally empowered to conduct national and presidential elections, but not elections for a constitutional reform council. The formation of such a council was not on the agenda during discussions with political parties, nor was it presented for discussion. Therefore, there was no scope for consensus on this matter. If such a council is to be formed, the decision must be taken by the next parliament.”

According to the implementation order, if the proposed referendum yields a positive result, the reform bill would be considered by the constitutional reform council as a supporting measure in carrying out its duties. Such a measure taken in advance before the national election and the referendum is not acceptable at all, he added.

Regarding the referendum, Mirza Fakhrul said that the chief adviser had announced that the national election would be held in the first half of February 2026. “In that case, holding a referendum before the election is impossible.”

“Given the limited time, the massive costs involved, and the need for extensive manpower including law enforcement personnel, conducting a referendum prior to the election is unnecessary, unreasonable, and imprudent. It’s preferable to hold the referendum on the same day as the parliamentary election with the same arrangement and cost.”

The BNP secretary general further said that the government can implement the decisions mentioned in the July National Charter 2025 that require changes to laws or regulations through ordinances or necessary amendments. Decisions that can be implemented by executive order should be carried out immediately by the government and relevant authorities.

He said, “Almost all political parties, including the BNP, agreed to this proposal. They also agreed to a referendum to provide a legal basis for implementing the July National Charter. However, omitting issues that were agreed upon with differing opinions or notes of dissent, and including new points that were never discussed, makes all other recommendations of the national consensus commission unacceptable to us and that’s why we cannot come to unanimity."

In the written statement, Mirza Fakhrul said that during the extensive discussions of the national consensus commission, certain political parties reached agreement on some issues with notes of dissent. The July National Charter 2025 in the way it has been shaped clearly mentions in its section on notes of dissent that any political party or alliance that has provided such notes may take appropriate measures in accordance with their electoral mandate if they mention them in their election manifesto and win public support.

He added that during the signing ceremony at the south plaza of the Jatiya Sangsad Bhaban on 17 October, they just signed the charter’s declaration produced as an outcome of the dialogue. “However, the final version of the July National Charter was not presented to us on that day. Later, when we received the printed version, we discovered that several clauses agreed upon by consensus had been altered without our knowledge.”

“For example,” he continued, "The provision abolishing the requirement to display Sheikh Mujibur Rahman’s portrait in all government and private offices, which had been agreed upon by almost all political parties, was not included in the charter. Similarly, almost all the political parties agreed to the consensus commission’s proposal to abolish article 150 (2) (fifth, sixth, and seventh schedules) of the constitution. But, this clause was later amended without notice in the final version."

Mirza Fakhrul stated that the recommendations regarding the implementation process of the July National Charter 2025 were submitted to the interim government on 28 October. In the submission letter, the chief adviser, also serving as the chair of the national consensus commission, was one of the signatories.

“This gives the impression that the consensus commission and the government are effectively the same entity,” he said. The proposal presented two alternative methods for implementing and legitimising the constitutional reforms outlined in the July National Charter.

Mirza Fakhrul said, “With deep regrets we are noticing that such recommendations will only divide the nation further instead of uniting it. Any arbitrary reform proposal, if adopted, could bring long-term misfortune to national life.”

He added that following a 16-year-long democratic struggle against fascism, including the student uprising of 2024, maintaining national unity is crucial to fulfil people’s aspirations. “The primary objective of the interim government should be to hold a free, fair, and credible national election,” he concluded, “to establish an elected political government and make the elected parliament the true centre of all national affairs.”

BNP standing committee members Nazrul Islam Khan, Major (Retd) Hafiz Uddin Ahmed, Selima Rahman, and Salauddin Ahmed were also present at the press conference.