[🇧🇩] Constitution Reform Council

[🇧🇩] Constitution Reform Council
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Door open for opposition to join constitutional reform discussions: Home Minister


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Home Minister and chief of the Special Committee on Reformation of Constitution Salahuddin Ahmed on Tuesday said the door is open for discussions with the opposition on constitutional reform, noting that media representatives at a committee meeting questioned the need for a proposed Upper House of Parliament and a 10-year limit on a prime minister’s tenure.

He also said no final decision has yet been made on the process, composition or method of forming a caretaker government, with different proposals and differences of opinion remaining on the issue, UNB reports.

The remarks came after representatives of different electronic, television and online media outlets, as well as talk-show personalities, shared their views on constitutional reform at the 4th meeting of the committee held at the Cabinet Room of the Jatiya Sangsad Bhaban.

The participants expressed their views on the caretaker government system, independence of the Election Commission and judiciary, separation of powers, freedom of the press and strengthening constitutional institutions.

Briefing reporters at the Media Centre after the meeting, Salahuddin said the media representatives discussed several issues broadly and also offered some political suggestions.

“They stressed the importance of holding discussions with the opposition,” he said.

“In this regard, our doors for discussion are open. I call upon them (opposition) to submit their names, join the constitutional amendment committee and participate in the discussions,” the minister said.

He said they want to bring constitutional amendments through a participatory process after discussing them with everyone.

About the Upper House, Salahuddin said questions were raised at the meeting about whether Bangladesh actually needs a bicameral Parliament.

“Some participants suggested reconsidering the proposal for an Upper House given Bangladesh’s unitary state structure,” he said.

The minister said BNP agreed in the July National Charter for the establishment of a bicameral Parliament and wants to go ahead accordingly. “But if the proposal is considered in Parliament, the government and different parties, we (Committee) will see the matter,” he said.

On the caretaker government, he said no final decision has yet been made on the process, composition or method of forming such a government.

“We have not yet been able to decide through what process, with whom and in what manner the caretaker government will be formed,” Salahuddin said, adding that there are proposals and differences of opinion on the issue in the July National Charter.

He said the issue could be left to Parliament for consideration and urged people to submit proposals on alternatives to the caretaker system and discuss the issue in newspapers.

Asked whether there is any willingness to reconsider issues on which the BNP had submitted notes of dissent during the National Consensus Commission discussions, the minister said such matters could be discussed if the opposition joins the process.

“If the opposition comes to the discussions and wants to make changes to some parts of the July National Charter through discussions, that can also be discussed,” he said.

Salahuddin, however, said the government wants to implement the July National Charter as it had been formulated and signed.

On the proposal to limit a prime minister’s tenure to 10 years, he said some participants argued that such a limit will be undemocratic and could restrict democratic rights.

The minister said if someone performs well and the people want to see that person as prime minister again, it is their right.

“However, we made this proposal on behalf of the party when the July National Charter was being formulated. Our Prime Minister was then the chairman of the party, and he made the proposal. Later, we mentioned them in the decision of the party’s standing committee and in our election manifesto as well. So, we have not moved away from this position,” he said.

Banglavision Editor-in-Chief Dr Abdul Hai Siddiqui said the main objective of constitutional reform is to strengthen democracy and make state institutions genuinely independent and effective.

He said discussions focused particularly on strengthening the independence of the Election Commission and the caretaker government system.

Jamuna Television Chief Executive Officer (CEO) Fahim Ahmed said participants stressed that constitutional amendments should be durable so that they do not require repeated changes.

He said issues on which consensus had been reached in the July Charter without notes of dissent should be implemented, while issues carrying notes of dissent should be considered through discussions among political parties.

Fahim said amendments made through discussions involving all political parties represented in Parliament, including the opposition, will be less contentious and more acceptable.

Talk-show personality Dr Shakhawat Hossain Sayantha said some participants questioned the need for a bicameral Parliament.

“The committee has discussed with several other stakeholders and will hold further discussions. The need for an Upper House, its financial cost and its effectiveness for the country should all be considered after taking everyone’s views into account,” he said.

Committee members – Chief Whip Nurul Islam Moni, Zainul Abedin, State Minister for Planning Md Zonayed Abdur Rahim Saki, State Minister for Expatriates’ Welfare and Overseas Employment Md Nurul Haque, State Minister for Chittagong Hill Tracts Affairs Mir Mohammed Helal Uddin, State Minister for Social Welfare Farzana Sharmin and Md Mahmudul Hoque Rubel – attended the meeting.

Parliament Secretary Barrister Md. Golam Sorwar Bhuiyan and other senior officers of the law, justice and parliamentary affairs ministry were present.​
 

BNP’s refusal to form reform council may trigger crisis again
Staff Correspondent . Dhaka 30 September, 2026, 00:47

A writer, a politician and an academic at a public lecture on Tuesday warned that the Bangladesh Nationalist Party’s position against constitution reform council would put the country in crisis again.

The Reading Club Trust, a youth platform, organised the lecture at the Bishwo Shahitto Kendro in the capital’s Banglamotor area.

Writer, lyricist and political thinker Shahidullah Faraizee said the people, being the supreme power of the state, had given their mandate in the referendum on constitutional reform.

But the BNP was ignoring the mandate by citing the constitution as a reason for refusing to join the council, he said.

‘Nothing can get more priority than the people’s aspirations and mandate expressed through the referendum. It is unquestionable,’ he said.

He suspected that the BNP might be taking such a position because of its misunderstanding of the relationship between the state and the people.

‘The BNP has pitted the people against the state,’ he said, adding that the people had given their mandate in two phases – one during the uprising and the other through the referendum.

He questioned whether the BNP was trying to return to the old structure that the people had rejected.

Rashtra Sangskar Andolon president Hasnat Qaiyum said the aspiration of the people during the July uprising in 2024 was to break the authoritarian structure.

‘If the government wants to change the mandate, it will turn the present government into a dictatorship, even worse than that of ousted prime minister Sheikh Hasina,’ he said.

‘The time is not over yet. Don’t repeat the same old mistake,’ he urged the government, adding that the people wanted constitutional reform, not merely amendments to the constitution.

If the government failed to understand the situation, the state would face a deeper crisis in the future, he said.

North South University law department faculty member Md Lokman Hussain said constitutional amendments might bring some positive changes, but that was not the aspiration of the people.

A constitutional crisis could arise when the constitution was upheld arrogantly against the will of the people, he said.

In the February 2026 referendum, held alongside the general election, a majority of voters backed the July National Charter.

The July National Charter (Constitutional Reform) Implementation Order provides for the formation of a

constitution reform council comprising members of the newly elected parliament to implement the charter. BNP lawmakers, however, declined to take the separate oath as council members, arguing that the council first needed to be incorporated into the constitution.​
 

Constitutional Reform Committee: BNP focusing on its polls promises

Mohiuddin Alamgir

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The special parliamentary committee on constitutional reform will prioritise implementing the BNP’s agenda in line with its election manifesto alongside the July charter, ruling party members of the committee have said.

Key BNP proposals include restoring “Absolute trust and faith in Almighty Allah” as a fundamental state principle, excluding the judiciary and the president from the caretaker government system, and limiting an individual’s tenure as prime minister to 10 years.

The BNP also favours allowing the prime minister to simultaneously serve as the party chief and introducing the post of vice-president.

Committee members Chief Whip Nurul Islam Moni and Zainul Abdin confirmed the party’s position on the matter to The Daily Star, saying that constitutional matters included in the manifesto would be considered alongside the charter.

Committee Chair and Home Minister Salahuddin Ahmed reiterated that the BNP would fully implement the charter exactly as it was signed.

“Under our election manifesto, we have several proposals that require constitutional amendments, and we will include them too since we secured the people’s mandate on those issues,” he said during a media briefing after the committee’s meeting yesterday.

The BNP manifesto says the July National Charter, signed on October 17, 2025, will be implemented with the highest priority.

It also promises to restore “Absolute trust and faith in Almighty Allah” to the constitution.

Former attorney general Mahmudul Islam writes in his book “Constitutional Law of Bangladesh” that in 1977, then president Ziaur Rahman issued a proclamation order adding the expression “Bismillah-Ar-Rahman-Ar-Rahim” before the preamble of the constitution.

“Under our election manifesto, we have several proposals that require constitutional amendments, and we will include them too since we secured the people’s mandate on those issues"-------Salahuddin Ahmed, committee chair and home minister.

The words “nationalism, socialism, democracy and secularism” were replaced with “Absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice”, Mahmudul wrote.

The change was incorporated into the constitution through the fifth amendment in 1979.

The 15th amendment, passed during the Awami League regime in 2011, removed “Absolute trust and faith in Almighty Allah” and restored that part of the constitution to the original 1972 wording.

Salahuddin pointed out that the principle of faith in the Almighty was also enshrined in article 8 as a fundamental principle and said even the opposition agreed on the matter.

PLEDGES AND NOTES OF DISSENT

In line with the July charter and its manifesto, the BNP pledged an “election-time, neutral caretaker government” to ensure free and fair national polls and give the system a permanent constitutional and institutional form.

While the caretaker framework is to be settled through discussions based on the July charter, BNP is opposed to involving the judiciary and the president in the system.

The July charter sets out a series of steps for appointing the head of the caretaker government. The process begins with the formation of a five-member panel comprising the prime minister, opposition leader, speaker, deputy speaker from the opposition and a representative of the second-largest opposition party. The panel will select a caretaker chief from a list of nominees submitted by political parties and independents.

If the panel fails to reach a decision, the charter provides for a second step. At one stage, it proposes bringing in an Appellate Division judge and a High Court judge, turning the panel into a seven-member body to vote on a shortlist.

Several parties, including the BNP, objected to this provision.

The BNP also pledged that a person could serve as prime minister for a maximum of 10 years, whether consecutive or non-consecutive.

The July charter, however, says the prime minister cannot simultaneously serve as the party chief, a provision opposed by BNP and its allies.

The party further pledged to ensure a balance of power between the president and prime minister and to strengthen judicial independence.

It proposed introducing a 100-member upper chamber of parliament, with seats distributed in proportion to the number of seats parties secure in the lower house.

Most other parties, however, agreed that the upper chamber should be constituted in proportion to the percentage of votes secured by parties in the national election.

BNP also promised to amend article 70 to allow MPs to vote against their party line except in cases involving no-confidence motions, money bills, constitutional amendments and national security, including wartime situations.

The July charter does not list constitutional amendments or national security as exceptions.

The BNP pledged to enact necessary laws for the formation of the Public Service Commission and Anti-Corruption Commission and for appointments to the Office of the Comptroller and Auditor General. It also proposed transforming the Public Service Commission into a stronger institution for recruitment in education, health and other sectors.

The governor of Bangladesh Bank and the chairperson and members of the Bangladesh Energy Regulatory Commission would be appointed by the government in accordance with law.

A majority of parties in the July charter agreed that the president should appoint the chiefs of the National Human Rights Commission, Information Commission, Bangladesh Press Council, Law Commission and Bangladesh Energy Regulatory Commission, as well as the governor of Bangladesh Bank.

The BNP pledged that the president would appoint the chief justice from among the two most senior judges of the Appellate Division, in accordance with the constitutional provision.

A majority of the parties in the July charter, however, agreed that the president should appoint the senior-most Appellate Division judge as chief justice.

The BNP also proposed appointing an Ombudsman. The “Tax Ombudsman”, introduced during a previous BNP tenure, was widely considered effective. The July charter proposes that a search committee headed by the speaker recommend names to the president for appointment as the Ombudsman.

BNP’S OTHER PLEDGES

BNP’s manifesto promises that one of the deputy speakers in each chamber of parliament would be nominated from the opposition.

It also pledged that opposition MPs would chair the Public Accounts Committee, Privileges Committee, Estimates Committee and Committee on Public Undertakings of the National Parliament. Chairpersons of other standing committees would also be appointed from the opposition in proportion to the number of seats they hold in parliament.

The BNP pledged that the Supreme Court would have a permanent seat in the capital, while the chief justice could establish permanent benches in each division. It also proposed further strengthening the Supreme Judicial Council and expanding its jurisdiction.

Necessary constitutional amendments would be made to place control over the service terms and conditions of subordinate court judges entirely with the Supreme Court.

A permanent prosecution/attorney service would gradually be established at the district level through law.

On the president’s power of pardon, the BNP proposed adding a constitutional provision stating that the president may grant pardon, reprieve and respite for any sentence and remit, suspend or reduce any sentence, but must exercise that power in accordance with standards, principles and procedures prescribed by law.

Local government elections would be held under the direct supervision of the Election Commission, with necessary laws enacted for the purpose.

Appropriate laws would govern the financial management of local government institutions to ensure their effective autonomy, while the relationship between local government bodies and government officers and employees working with them would also be determined by law.

The BNP proposed forming a police commission to ensure professionalism and accountability and make police services more people-friendly. The relevant ordinance would be reviewed, reformed and enacted as appropriate law.

It also proposed reviewing in parliament the formation of an independent criminal investigation service.

Existing laws would be properly applied in investigating and prosecuting corruption in the private sector. Subject to parliamentary approval, Bangladesh would join the Open Government Partnership.

Although income tax returns are private documents, BNP proposed allowing the Anti-Corruption Commission or another authorised body to summon them through the court.

The party also pledged to form an independent inquiry commission to identify officials involved in state terror and repression during the July uprising, and to punish officials found responsible for vote rigging and corruption.

It further promised legal and constitutional protection for those who participated in the historic July student-mass uprising of 2024.​
 

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