July Charter to take precedence over all existing laws: Consolidated draft

In response to feedback from political parties, the National Consensus Commission is introducing several amendments to the “pledges” section of the draft July National Charter.

It has been said in the new integrated draft that the July Charter will be accorded a special status and a legal basis. It also states that the Charter has been framed in light of the universal will of the people, and shall therefore take precedence over existing laws or court judgments. A special constitutional provision will be put in place to ensure this.

The National Consensus Commission sources said, the draft further stipulates that if any word, sentence, or policy of the July Charter conflicts with the existing Constitution or any other law, the Charter shall prevail. Its legality may not be challenged in any court of law.

Sources indicate that the integrated draft has not yet been finalised. Certain legal aspects of the “pledges” section are still under review. The Commission’s Chair and Chief Adviser to the interim government, Professor Muhammad Yunus, is expected to discuss the draft today, Thursday.

Following any necessary additions or deletions, the revised draft will be sent to the political parties by Friday.

The interim government, which assumed office through a mass uprising, has taken initiatives of reforms across various sectors of the state. Political consensus and decisions have already been reached on 82 reform proposals recommended by the six reform commissions formed in the first phase. These proposals form the basis of the “July National Charter.”

On 29 July, the National Consensus Commission provided political parties with an initial draft of the July Charter. The parties submitted their opinions, which have now been incorporated into the integrated draft. The Commission has said that it will take further party feedback into account if necessary. Meanwhile, discussions have begun with experts on the implementation process, to be followed by consultations with political parties before the Charter is finalised.

Broadly, the draft July National Charter comprises three sections. The first sets out the background to the Charter; the second details the reform proposals on which consensus and decisions have been reached; and the third contains specific pledges on implementing the Charter and the reforms.

The initial draft had stipulated that political parties would pledge to implement the reforms within two years of forming a government following the next election.

While the BNP agreed to this, Bangladesh Jamaat-e-Islami, National Citizen Party (NCP) and several other parties objected, demanding that the Charter be brought within a legal framework and that an implementation mechanism be defined.

In the revised integrated draft, the two-year implementation deadline has been removed. The Commission has clarified that the timeline in the first draft was kept as a “template”. The integrated draft also specifies the details of each of the 82 proposals, noting where consensus exists and where differences of opinion remain.

Speaking to Prothom Alo about this on Wednesday evening, the Commission’s Vice-Chair Professor Ali Riaz said the “integrated draft” of the July National Charter had been prepared by accommodating the opinions of the parties on the preliminary draft. “We have tried to incorporate the views of all parties as far as possible. Some points have been modified, expanded or added. We are now re-examining some fine details. It should be ready for delivery to the parties by Friday morning,” he added.

According to sources, the integrated draft requires political parties to pledge to: ensure full implementation of the July National Charter; refer any questions over interpretation or application of the Charter to the Supreme Court; commit to an unceasing struggle to establish democracy; secure constitutional recognition of the 2024 mass uprising; ensure justice for killings during the uprising, grant state recognition to the martyrs, and provide proper medical care and rehabilitation for the injured.

It also states that recommendations in the Charter which are immediately implementable should be implemented before the next election.

The draft specifies that, as the July National Charter has been framed as the clearest and highest expression of the people’s universal will, all of its provisions, policies and decisions shall remain in force and take precedence over Article 93(2) of the Constitution or any other law or judgment, through the enactment of a special constitutional provision.

The legal option of issuing an ordinance is being assessed now. As constitutional amendments cannot be made by ordinance, alternative special measures are under review.

Article 93 of the Constitution sets out the power to promulgate ordinances. It allows the President, in the absence of Parliament, to issue ordinances to make new laws or amend existing ones. Article 93(2) requires that such ordinances be placed before the first sitting of Parliament following their promulgation, and lapse if not approved within 30 days.

The July Charter’s drafters are considering wording to ensure that an ordinance would not lapse even if it is not approved in Parliament. However, Article 93 itself prohibits the issuance of any ordinance that would amend the Constitution. That is why the National Consensus Commission has been deliberating on this issue further.

The National Consensus Commission’s discussions with political parties in two phases produced agreement and decisions on 82 issues, all of which will be included in the Charter.

From the first phase, consensus was reached on 62 issues, including: elections to local government bodies; the establishment of district coordination councils; bringing political parties under the Right to Information Act; the appointment of Supreme Court judges; the establishment of a Supreme Court Secretariat; a permanent Attorney Service; a code of conduct for lawyers; an independent commission to investigate officials involved in genocide and electoral fraud; amending the Right to Information Act; an anti-corruption strategy; transparency in electoral financing; amending the Anti-Corruption Commission Act; the appointment process for ACC commissioners; and amendments to the Income Tax Act.

In the second phase, consensus and decisions were reached on 20 fundamental reform proposals.

Of these, 11 decisions were reached without dissent. Those are on: parliamentary standing committee chairs; delimitation of electoral constituencies; presidential clemency power; decentralisation of the judiciary – (a) decentralising the Supreme Court, (b) expanding subordinate courts to the upazila level; declaration of a state of emergency; appointment of the Chief Justice; constitutional amendments; term limits for the Prime Minister; formation of the election commission; formation of a police commission; expansion of citizens’ fundamental rights.

Decisions on the remaining nine were reached with dissents. Those are: amendment of Article 70 of the Constitution; the provision allowing the Prime Minister to hold multiple posts; provisions on appointments to the Public Service Commission, the Comptroller and Auditor General, the Anti-Corruption Commission and the Ombudsman; women’s representation in parliament; a bicameral parliament; the system of electing the President; caretaker government arrangements; the state’s fundamental principles; the powers and responsibilities of the President.