Staff Reporter:
The National Consensus Commission (NCC) on Wednesday presented its legal experts’ final advice on implementing the July National Charter 2025, but political parties failed to agree on a constitutional or-der that could go to a referendum alongside the upcoming national election.
The panel of legal experts advised that the interim government may enact a Constitution Order (CO) under the authority of Article 22 of the July Declaration incorporating the core reforms envisaged by the July Charter 2025. The CO will be immediately effective.
The CO may thereafter be put to a referendum to be held on the same date as the next general election. The CO may include the provision for referendum.
If the CO receives the assent of the people through a referendum, it will be validated with effect from the date of its enactment, said the legal expert panel.
The advice of the legal experts was placed in the talks held between the NCC and the political parties at the Foreign Service Academy in the capital. NCC vice chair Prof Ali Riaz presided over the session held to find a way to implement the July Charter.
Briefing the reporters after the talks, Prof Ali Riaz said the legal experts have given a consolidated and comprehensive advice which they presented to the political parties on Wednesday.
“They (experts) are saying the interim government may issue a Constitution Order (CO) following Arti-cle 22 of the July Declaration. However, it (CO) will be validated only after receiving people’s consent in a referendum. They (parties) have supported it in many ways. Many have discussed its various aspects and expressed different views,” he said.
The Wednesday’s talks also discussed the six proposals earlier received from the political parties and alliances over the implementation of the July Charter.
Prof Riaz said, “A number of political parties have also expressed their opinions on seeking advice from the Supreme Court using Article 106 of the Constitution. However, there are also differences of opin-ion.”
The NCC Vice chair expressed hope that the political parties will discuss among themselves and reach a minimum compromise on the implementation of the July Charter. “We want to give the political parties some time (to reach a minimum compromise).”
Noting that the NCC will continue informal contact with the political parties, Prof Riaz said they will meet again with political parties in early October.
BNP standing committee member Salahuddin Ahmed suggested seeking the Supreme Court’s observa-tion in line with Article 106 of the Constitution.
The government wanted solutions, which was why it had presented alternative proposals for considera-tion, he said, adding that whether it was a constitutional order, an extra-constitutional order, a special constitutional order, or any other form of political or historical document, the key question was whether the government could take immediate steps to amend the constitutional issues outlined in the July Char-ter.
Salahuddin also questioned the judiciary’s stance on the matter, suggesting that the issue should be re-ferred to the courts.
The BNP leader said the second question is if a referendum is to be held on this issue and its effective date should be determined based on the results of the referendum.
He said the public mandate for the July Charter can be reflected through the national election. If maxi-mum voters recognise this July Charter and thus these reforms through their votes for or against it, it would be legitimacy of the charter.
said if the national election is hampered or delayed, it will benefit the fascist or unconstitutional forces. This nation has suffered such consequences many times. We cannot invite that fate again. So we want to move forward through dialogue and seek a solution,” he said.
Bangladesh Jamaat-e-Islami assistant general secretary AHM Hamidur Rahman Azad said a parliament cannot bring some basic reforms in the constitution as it has no authority to change some basic structures of the constitution.
“So, a constitutional order may be issued on the basis of people’s supreme aspiration and its legitimacy may be strengthened by a referendum,” he said.
Azad said his party opposed the proposal of seeking the Supreme Court’s observation according to Arti-cle 106 of the Constitution to issue a constitution order in this regard.
Gono Odhikar Parishad general secretary Rashed Khan said Awami League supporters would foil the referendum and make the reform dialogue futile.
Ganosamhati Andolan chief coordinator Zonayed Saki said a hybrid of constitutional (Article 106) and beyond constitutional (constitutional order) methods would be suitable for further discussion.
Nagorik Oikko president Mahmudur Rahman Manna recommended seeking advice from the Appellate Division on the legality of the interim government’s issuance of a constitution order.
But National Citizen Party joint convener Javed Rasin opposed the idea of seeking Appellate Division’s advice.
