The National Consensus Commission is considering multiple options, including a referendum in some cases and special constitutional orders in others, as a method of implementing the July National Charter. In particular, the possibility of recommending a referendum on the question of proportional representation (PR) elections in the upper house of parliament is under consideration. And advice will be given for implementation through ordinances and executive orders for proposals that are not related to the constitution. This has been learned from multiple sources of the Consensus Commission.
The method or process of implementation will be finalised by combining the opinions of political parties and experts. In this regard, the Consensus Commission will again hold meetings with experts. After that, the recommendations on the July National Charter and the method of implementing the charter will be sent together next week to the political parties and the government. The method of implementation will not be part of the July Charter.
The Commission held meetings among themselves on Wednesday and Thursday regarding finalising the charter and its implementation method. Yesterday, the Commission had expected to send the final draft of the July Charter to the parties. However, that did not happen in the end. Although the charter is almost finalised, the Commission wants to send both the method of implementation and the charter together. For this reason, more time is being taken.
National Consensus Commission Vice President Professor Ali Riaz told Prothom Alo that the Commission has finalised the July Charter. The Commission will advise regarding what the method of implementing the charter could be,. Once the method of implementation is confirmed, the two documents—the charter and the method of implementation—will be sent to the parties together.
In discussions with political parties over two rounds on the reform proposals of the six reform commissions, consensus and decisions were reached on 84 issues. These are being compiled into the July National Charter. The charter will have three parts. The first part will contain the background of the charter, the second part the proposals on which consensus and decisions were reached, and the third part will contain the pledge to implement the charter.
Among the 84 reform proposals on which consensus and decisions were reached, there are some issues that will require changes in laws and regulations. Some issues will require government orders. These can be implemented through presidential ordinances, formulation of regulations, and executive orders of the government. And there are quite a few issues related to the constitution. The main complexity lies in the question of implementing proposals related to constitutional reform.
Sources concerned said the Consensus Commission is giving priority to the method of implementing the reform proposals under an interim government. However, in this case the position of the BNP is different. They have spoken of implementing the charter in three phases. The party is in favour of completing the constitution-related reforms within two years after the formation of the next parliament. They have already given this opinion in writing to the Commission.
On the other hand, Jamaat-e-Islami wants the implementation of the charter through a referendum or a proclamation by the President. And the National Citizens Party (NCP) is in favour of implementing the reform proposals through the formation of a Constituent Assembly. It is learned that Jamaat and NCP will give their proposals in writing today or tomorrow. Earlier, in discussions with experts, various opinions came regarding constitutional reform proposals, including referendum, presidential proclamation, special constitutional order, and taking reference from the higher court.
According to sources in the Consensus Commission, it will not be possible to hold a referendum on all proposals. So far, the matter of recommending a referendum on the PR system in the Upper House is being considered with importance. Because, while everyone agrees on the formation of the Upper House, there is a sharp difference of opinion regarding the electoral system. To decide on this matter, it is necessary to go for a referendum. Along with this, advice may also be given to hold referendums on a few other issues (where there are notes of dissent). As for other proposals related to constitutional reform where there is consensus, the recommendation is being considered to issue a special constitutional order as the process of implementation. However, it has not yet been decided whether this will be a presidential proclamation or a special constitutional order.
The proposal of the Constitution Reform Commission was that the Upper House would be formed through the PR system. That is, a party will get seats in the Upper House in proportion to the total votes it receives nationwide in the lower house elections. Jamaat-e-Islami, the NCP, and most other parties have agreed to this proposal. However, a few parties including the BNP have a different opinion here. They want a party to get seats in the Upper House on the basis of the number of seats it gets in the Lower House.
BNP wants implementation in three phases
The BNP is in favours of implementing the proposals of the July Charter in three phases. The party has given this opinion in writing to the Commission. It stated that, apart from the constitution-related reform proposals, the other urgent recommendations should be implemented quickly by the interim government. “In this case, the government may issue administrative orders to enact the necessary ordinances and regulations.”
The interim government will initiate, as far as possible, the process of implementing proposals that are neither constitution-related nor urgent. And the constitution-related reform proposals will be implemented within two years after the formation of the next parliament.
The BNP has said that the implementation of the July Charter will be ensured within the two years following the assumption of responsibility by the government formed through elections. All parties will sign the July Charter and, by including the matter in their election manifestos, will make a commitment to the nation.
According to sources concerned, the BNP has said that the interim government has been formed under the existing constitution. The constitutional continuity has not been disrupted by the mass uprising. While constitutional continuity is ongoing, any attempt to give the proposed July National Charter precedence over the constitution is inconsistent. If a government formed under the constitution, using state power, introduces any new constitutional arrangement in place of the existing constitution, it will be considered a ‘coup.’ Any attempt to disrupt constitutional continuity is not realistic in the current political situation.
Changes in pledge section
The Consensus Commission had given the parties a consolidated draft of the charter. There were eight points in the pledge section. Among these, the BNP had objections regarding three pledges: giving precedence to the July Charter over the Constitution, not allowing the legality of the Charter to be questioned in court, and placing the responsibility of interpreting the Charter on the Supreme Court.
According to sources in the Consensus Commission, amendments are being made in these three cases. However, the main spirit will remain intact. The matter of directly giving precedence to the entire Charter over the Constitution may be removed. And since the responsibility of interpreting the Constitution lies with the Supreme Court, once the Charter is implemented it will become part of the Constitution, and then the responsibility of interpreting it will also lie with the Supreme Court. Therefore, this will not be mentioned separately. In addition, in the provision that the legality of the Charter cannot be questioned in court, linguistic changes are being made. It will be stated that the parties signing the Charter will not challenge its legality in any court. If it is ever challenged, the signatory parties will defend the Charter legally and constitutionally.
Final Charter next week
In a statement, the Commission announced that in yesterday’s meeting the opinions and suggestions received from political parties were analysed. Based on the review of the opinions of political parties, the Commission will sit in discussions with experts next week. After that, the Final Charter and the recommendations related to the method of implementation will be sent together to the political parties.
Commission’s Vice President Professor Ali Riaz, members Badiul Alam Majumdar, Justice Md Emdadul Haque, Safar Raj Hossain, and Md Aiyub Mia, as well as Monir Haidar, special assistant to the Chief Adviser involved in the consensus-building process, were present at the meeting.