BNP disagrees on several fundamental reform issues

The National Consensus Commission has held discussions with the Bangladesh Nationalist Party (BNP) to reach an agreement on reform recommendations that the party either partially agreed with or disagreed on. Despite three days of discussions, the commission did not reach a consensus with the BNP on several key proposals related to constitutional and electoral reforms.

The talks between the Consensus Commission and the BNP concluded at the LD Hall of the National Assembly on Tuesday evening. After the discussions, BNP Standing Committee member Salahuddin Ahmed told reporters that the party had agreed with most of the 694 proposals put forward by the five reform commissions. While the discussions have concluded for now, he said formal or informal talks may continue in the future if necessary.

The Consensus Commission is engaging political parties to build agreement on major recommendations concerning the constitution, electoral system, judiciary, Anti-Corruption Commission, and public administration. As part of this process, the commission held three days of talks with the BNP—on Thursday, Sunday, and Tuesday.

On the final day, discussions focused on the recommendations of the Electoral Reform Commission, Judiciary Reform Commission, Anti-Corruption Commission, and Public Administration Reform Commission. According to sources present, the BNP raised objections to nearly all 28 recommendations from the Electoral Reform Commission that had previously been opposed by the Election Commission itself.

One key proposal of the Electoral Reform Commission is to make the Election Commission accountable to a parliamentary committee. This committee would be empowered to investigate complaints and recommend action after an EC’s term ends. The BNP did not agree with this proposal, arguing that such a move would undermine the EC’s independence.

The BNP also opposed a proposal to establish a separate commission to determine the boundaries of parliamentary constituencies. Additionally, they disagreed with the recommendation to bar individuals from contesting multiple seats in a single election.

Speaking to Prothom Alo after the discussions, Salahuddin Ahmed said giving a parliamentary committee such oversight powers could harm the EC’s independent status.

He argued that misconduct during an EC’s term can already be addressed through the Supreme Judicial Council and, after the term ends, under existing laws.

Salahuddin further stated that the delimitation of parliamentary constituencies is constitutionally the EC’s responsibility, and creating another entity for this would lead to duplication and confusion.

Another proposal from the Electoral Reform Commission was to disqualify candidates who have been accused in the International Crimes Tribunal. The BNP rejected this as well. “Just because someone is accused doesn’t mean they are guilty,” said Salahuddin. “It is not reasonable to disqualify someone based solely on accusations. If someone is found guilty in a court of law, only then can they be declared ineligible.”

After Tuesday’s meeting, Salahuddin Ahmed told reporters that out of the 243 recommendations of the Electoral Reform Commission, the BNP agreed with 141, partially agreed with 14, offered alternative views on 64, and disagreed with 24.

He added that the party agreed with 187 of the 208 recommendations from the Public Administration Reform Commission. Out of 89 important recommendations from the Judiciary Reform Commission, they agreed with 62. The BNP objected to just one of the 20 recommendations from the ACC Reform Commission. They also agreed with most of the 131 recommendations for constitutional reform.

The Constitutional Reform Commission has stated that a key objective of its proposals is to bring about a balance of power between the Prime Minister and the President, as well as among the three branches of the state - the legislature, executive, and judiciary. However, the BNP has expressed disagreement with several significant recommendations in this regard.

One of the commission’s main proposals is the formation of a National Constitutional Council (NCC) composed of representatives from all three branches of the state. According to the proposal, this council would recommend names to the President for appointments to top posts in the armed forces and various constitutional bodies. The President would then appoint them.

At present, the President is required to consult the Prime Minister on nearly all matters except the appointments of the Prime Minister and the Chief Justice. In practice, this means that most constitutional appointments are made at the discretion of the Prime Minister.

Under the proposed NCC framework, such advice from the Prime Minister would not be binding. The BNP has opposed this, arguing that the formation of the NCC would weaken the authority of the executive and undermine effective governance.

Although the BNP has called for legislation to increase the powers of the President, the party has not clarified what specific powers it seeks to delegate. BNP leaders have said that the matter would be discussed and decided in the next parliament.

While reaffirming their commitment to balance the powers of the Prime Minister and the President, the BNP opposes two key proposals: that the same individual cannot simultaneously serve as Prime Minister, party chief, and Leader of the House, and that no one may serve more than two terms as Prime Minister. Although discussions included a possible compromise allowing a third term with a break in between, no consensus was reached.

The BNP also disagrees with several other proposals. These include reducing the terms of both parliament and the president to four years, holding a referendum following the approval of constitutional amendments by both houses of parliament, revising the provision for declaring a state of emergency, changing the procedure for electing the president, including a separate chapter in the constitution on fundamental rights and freedoms, renaming the country in the constitution, reserving 10 per cent of the lower house seats for youth, and lowering the minimum age to contest parliamentary elections to 21.

While the BNP agrees in principle to a bicameral parliament and reserving 100 seats for women in the lower house, it opposes the commission’s proposed method for electing representatives to those seats. Similarly, the BNP did not support the commission’s proposal requiring both houses of parliament to approve international agreements that affect national interest or state security before such agreements are signed. The BNP maintains that the current constitutional provision regarding this matter should remain unchanged.

The commission also recommended that executive authority be exercised by a cabinet led by the Prime Minister. The BNP has interpreted this to mean that the Prime Minister should retain full authority over the cabinet and government functions.

BNP Standing Committee member Salahuddin Ahmed told reporters that the Prime Minister must also serve as Leader of the House and that the decision on whether the Prime Minister and the party chief should be the same person should be left to the majority party.

The BNP has expressed agreement with several key proposals put forward by the Constitutional Reform Commission. Among these are the abolition of Articles 7(a) and 7(b) of the existing constitution, the introduction of a bicameral parliament, the provision for two deputy speakers in both houses - one of whom would be from the opposition party - the impeachment process of the President, and the use of the term "local court" instead of "subordinate court".

The BNP also supports the recommendation to limit the size of the interim government to fewer than 14 members and to prohibit the use of party symbols in local government elections. Additionally, the party has agreed with the proposal to allow opposition lawmakers to chair certain parliamentary committees.

BNP has further agreed in principle with proposals stating that members of parliament should not hold positions in any institution under the jurisdiction of local government.

The party also supports the appointment of an ombudsman, the formation of a local government commission, and the proposed method for appointing Supreme Court judges. It has also endorsed recommendations concerning the property of the republic. Notably, the BNP has agreed with the proposal to abolish secularism as a constitutional principle. At the same time, it has reaffirmed its support for incorporating equality, human dignity, and social justice as fundamental rights in the constitution.

The Judicial Reform Commission has recommended appointing the senior-most judge of the Supreme Court’s Appellate Division as the Chief Justice. However, the BNP does not fully agree with this recommendation. Speaking to reporters yesterday, BNP leader Salahuddin Ahmed said that there should be an alternative to this provision.

The BNP supports keeping the option open to appoint the Chief Justice from among at least the two or three most senior judges of the Appellate Division, rather than strictly following seniority. Regarding the proposal to raise the retirement age of judges to 70 years, Salahuddin said the matter requires further review, as such a move might lead to similar demands from other sectors of public service.

In addition to Salahuddin Ahmed, BNP representatives at yesterday’s discussion included the Chairperson’s Advisor Md Ismail Zabihullah, Executive Committee Member Ruhul Quddus, and former Secretary Abu Md. Moniruzzaman Khan.

Representing the National Consensus Commission were Vice-Chairman Professor Ali Riaz, members Badiul Alam Majumder, Justice Md. Emdadul Haque, Safar Raj Hossain, Iftekharuzzaman, and Special Assistant to the Chief Advisor (Consensus), Monir Haider.

At the beginning of the session, Professor Ali Riaz said that Chief Advisor Professor Muhammad Yunus has been guiding the ongoing discussions with political parties.

He noted that there is alignment with BNP on several reform recommendations, while differences remain on others. BNP has informed the commission that they will consult with their top policymakers on the issues of disagreement and communicate their final stance later.

“We are at a historic juncture,” Professor Riaz said. “The final decisions regarding the recommendations cannot be made at this table alone. The leadership and policymakers of the respective political parties must inevitably be part of that decision-making process.”