BNP opposes changes to fundamental principles of constitution, state policy

BNP flagProthom Alo illustration

BNP has strongly objected to the National Consensus Commission’s recommendations for amending the constitution and the fundamental principles of state policy.

The party reiterated its position during a detailed discussion with the commission on Thursday, based on proposals it had earlier submitted in writing.

However, party sources say BNP is open to accepting some of the commission’s reasonable recommendations. It was conveyed in the meeting that these issues would be reviewed at the party’s policymaking level before taking any final decision.

The Consensus Commission is currently holding dialogues with political parties to build consensus on key reform proposals made by five different commissions. As part of this effort, a day-long discussion took place with BNP, though both sides confirmed that talks will resume on Sunday.

Thursday’s meeting covered several proposals from the Constitutional Reform Commission, particularly those related to the republic, state principles, fundamental rights, and the judiciary.

Following the meeting, BNP Standing Committee member Salahuddin Ahmed told reporters that the party wants to revert to the pre-15th Amendment framework of state principles, where ‘secularism’ was not included and the phrase ‘trust and belief in Allah’ was present. He said BNP supports democracy and nationalism as fundamental state principles, and opposes the inclusion of pluralism and secularism.

He also noted that the commission had proposed incorporating the values of equality, human dignity, and social justice from the Declaration of Independence into the constitution’s preamble and state principles. BNP will review the proposal internally and make a decision later.

Before starting discussions with parties, the Consensus Commission had sought written feedback on 166 key recommendations covering constitutional reform, electoral issues, public administration, anti-corruption measures, and the judiciary. It is now holding separate discussions on points of agreement and disagreement.

Representing BNP at the meeting were Standing Committee members Nazrul Islam Khan and Salahuddin Ahmed, Advisory Council member Ismail Zabiullah, lawyer Ruhul Quddus Kazal, and former secretary Moniruzzaman Khan. The Consensus Commission was represented by Vice President Professor Ali Riaz and members Justice Md Emdadul Haque, Badiul Alam Majumder, Iftekharuzzaman, and Safar Raj Hossain. Special Assistant to the Chief Adviser (Consensus) Monir Haider moderated the session.

At the outset, Professor Ali Riaz said democracy in Bangladesh has repeatedly stumbled, allowing for the rise of personalist dictatorship. He stated the commission’s aim is to draft a national charter that can help establish a lasting democratic system in the country.

Day-long Discussion

The discussion began at 10:30 am yesterday at the LD Hall of the National Parliament. After opening remarks by the commission’s vice-chairman Professor Ali Riaz and BNP standing committee member Nazrul Islam Khan, the closed-door meeting started and continued—with a break in the afternoon—until 4:45 pm.

According to sources, about one-third of the total agenda was covered during the day. BNP leaders presented their arguments in support of the party’s stance on the Constitutional Reform Commission’s proposals. The Consensus Commission mostly listened to BNP’s explanations but responded with its own views on some points.

On several issues, BNP said it would take the discussions back to its party forum before forming a final position. The commission, in turn, noted that it would also deliberate on BNP’s statements internally.

Despite showing some willingness to compromise on a few minor matters, BNP remained largely firm on its proposals. While the party agreed in principle with several issues, differences remain over how they would be implemented.

For instance, although BNP supports the idea of a bicameral parliament, it disagrees with the proposed method of electing the upper house. The commission suggests a proportional representation system, where parties would receive seats based on their share of the vote in the lower house elections—a system BNP does not support.

Also Read

BNP also insists that the issue of establishing a bicameral legislature should be thoroughly discussed in an elected parliament. The party opposes the proposal to reduce the term of parliament to four years, and disagrees with several recommendations relating to fundamental rights and freedoms in the constitution.

While BNP supports increasing the number of reserved seats for women to 100, it differs with the commission on the election method for these seats. On constitutional amendments, BNP believes any changes should be made through an elected parliament following the next national election.

Some proposals—such as limiting the prime minister to two terms or banning one person from simultaneously holding the roles of prime minister, parliamentary leader, and party chief—were not addressed in Thursday’s session and will be discussed in the next meeting. BNP has indicated it disagrees with these proposals as well.

Also Read

Salahuddin Ahmed, who is involved in drafting BNP’s reform proposals, told Prothom Alo after the meeting, “We have clearly stated our position on fundamental issues. However, we’ll review the commission’s suggestions in the party forum before deciding whether any of them can be accepted.”

While BNP has taken a firm stance against fundamental changes to the constitution, other parties, including Jamaat-e-Islami, the National Citizen Party (NCP), and Charmonai Pir’s Islamic Andolan, have voiced strong support for such reforms. The Consensus Commission has yet to hold discussions with these three parties.

At a press conference yesterday, Jamaat-e-Islami Amir Shafiqur Rahman outlined three conditions for participating in national elections, with the first being visible and acceptable constitutional reforms.

A day earlier, on Wednesday, NCP convener Nahid Islam warned that any election held without fundamental reform would not be accepted.

Dispute over Article 70

While some progress was made in Thursday’s meeting between BNP and the National Consensus Commission, significant differences remain—particularly over Article 70 of the Constitution.

When asked by journalists whether the BNP had agreed on any specific issues after the day-long discussions, BNP Standing Committee member Salahuddin Ahmed said, “There are many issues. We will compile them and let you know.”

One key point of contention is the Reform Commission’s proposal to amend Article 70 to allow members of parliament full freedom to express their views on all matters except money bills. BNP does not fully support this recommendation.

Commenting on the issue, Salahuddin Ahmed said the party had presented its position on Article 70 during the discussions. “The Commission has also given its opinion. We will see how much is accepted in the end,” he said.

According to Salahuddin, granting MPs total freedom on all issues apart from money bills could create instability. “There may be serious obstacles in governance,” he said. BNP has proposed allowing MPs to freely discuss all issues except money bills, constitutional amendments, confidence votes, and matters tied to national security.

The party also believes that a referendum is not necessary for most constitutional reforms. Salahuddin stated that referendums should be limited only to matters concerning the fundamental principles of state policy.

Regarding another major recommendation—the formation of a National Constitutional Council—Salahuddin noted that it was not discussed in Thursday’s session. However, he reiterated BNP’s earlier written position opposing the idea.

Despite these disagreements, Salahuddin Ahmed said, “We’ve come close on most issues.” “Discussions are still ongoing on a few remaining matters,” he added.

Violations of the constitution not warranted

BNP Standing Committee member Salahuddin Ahmed has expressed concern over what the party views as constitutionally questionable procedures in the ongoing reform process, particularly regarding judicial appointments and structural changes in the judiciary.

During Thursday’s meeting with the National Consensus Commission, Salahuddin told reporters that the format used by the Commission to seek political parties’ responses—essentially a spreadsheet requiring “yes” or “no” answers—was misleading. “There is a vast difference between the detailed reform report and the simplified yes/no opinions,” he said.

Salahuddin strongly objected to recent moves to issue ordinances regarding the appointment of judges without first amending Article 95 of the Constitution. “Any such ordinance, issued without proper constitutional amendment, would be considered unconstitutional,” he stated.

He further questioned whether the establishment of a Supreme Court Secretariat would be lawful unless Article 116 is amended accordingly. “It would not be appropriate for the judiciary itself to act in violation of the Constitution,” he said.

Emphasising BNP’s commitment to judicial independence, Salahuddin said the party supports reforms that strengthen the judiciary—but insisted that such changes must be carried out within a legal and constitutional framework.

Everything should be done with people’s consent

BNP Standing Committee member Nazrul Islam Khan opened Thursday’s session with the Consensus Commission by affirming his party’s support for reform—emphasising, however, that any change must be grounded in public consent.

“BNP is not against reform. In fact, BNP is a party of reforms,” he said. “But the people must be at the heart of everything. All decisions must reflect their will—and we all know through whom that consent is expressed.”

Recalling the country’s long struggle for democracy, Nazrul described the current moment as a renewed opportunity for progress. “We want to seize this opportunity,” he said. “That’s why we’re cooperating with the commission and the government.”

Cautioning against excessive delays, he added, “We all want good. We want better. But let’s not take so long trying to do too much good that we end up stifling the people’s desire for change.”