Proposals to reform constitution await consensus

The special parliamentary committee on constitution amendment has yet to reach final decisions on major reforms, including the caretaker government system, Article 70, judicial independence and the proposed upper house of Parliament, Home Minister Salahuddin Ahmed said on Saturday.

Salahuddin, who chairs the committee, said recommendations would be finalised after collecting and reviewing the views of constitutional experts and other stakeholders.

Speaking to journalists after a committee meeting at the National Parliament House, he said discussions covered the balance of power between the executive and Parliament, judicial independence, the appointment of constitutional bodies and the effectiveness of parliamentary standing committees.

Speaker proposed to head caretaker govt, institutional heads as advisers

Forty-four of around 60 invited experts attended the meeting, which ran from 11:00am to 4:30pm. Participants shared their views orally and in writing, while those who had not submitted written opinions were asked to do so within the next seven to 10 days. One major issue was the restructuring of the caretaker government system. Salahuddin said one proposal was to form a caretaker government through an upper house of Parliament, if such a chamber were established and remained in place throughout the parliamentary term.

Other proposals included creating a vice-president’s post in the upper house, appointing the vice-president as its speaker, or selecting a speaker through an agreement between the government and opposition. Another suggestion was to appoint the speaker as head of the caretaker government, with other institutional heads serving as advisers if both sides agreed.

He stressed that these were proposals only and would be reviewed after the committee received written opinions.
Former interim government adviser and University of Dhaka law professor Asif Nazrul said political parties should reach a consensus on the caretaker government system, describing it as a sensitive and contentious issue.

He said parties had agreed on eight of the nine proposed methods for forming a caretaker government under the July National Charter, with one point still disputed. He urged continued dialogue rather than allowing disagreement over a single issue to stall the reform process.

Article 70, which restricts MPs from voting against their party’s position in certain circumstances, was another key topic. A proposal based on the July National Charter would allow MPs to vote independently on most matters, except finance bills, confidence or no-confidence motions, constitutional amendments, and issues involving wartime situations or national security.

Salahuddin said the committee had discussed the proposal but had reached no final decision. Asif Nazrul stressed that parliamentary accountability, MPs’ freedom of expression and checks and balances were essential to democracy.

The committee also discussed balancing the powers of the prime minister and president, strengthening constitutional institutions and making appointments to them more transparent.

On judicial independence, proposals included a transparent process for appointing judges and a separate secretariat for the Supreme Court. Asif Nazrul expressed disappointment that legislation on judicial appointments and the separate secretariat had not been included in the immediate proposals.

Law Minister Md Asaduzzaman said the issues had not been abandoned and that legislation could be pursued later. Salahuddin reaffirmed the government’s commitment to a separate Supreme Court secretariat, saying an ordinance issued by the previous administration had several flaws and was not enacted into law. The matter remains under consideration.

The committee also discussed making parliamentary standing committees more effective, including appointing opposition members as chairs of some important committees. Salahuddin said such appointments would follow the consensus reached under the July National Charter.

Views differed on the proposed upper house. Some experts called for clear criteria for presidential nominations, particularly for people who had made significant contributions to arts, culture and science, while others questioned whether a second chamber was necessary in a unitary state such as Bangladesh.

The opposition’s absence from the special committee also came up. The opposition had been asked to nominate members but did not submit names. A 12-member committee was subsequently formed in Parliament on July 13, with Salahuddin as its chair. The opposition rejected the committee.

Salahuddin said the opposition continued to be invited to meetings and that its proposals would be considered if submitted. He also said it could suggest changes to disputed points in the July National Charter.

On the proposed Constitution Reform Council, Salahuddin said the Constitution did not provide for a body by that name. Regarding the referendum ordinance, he said the government respected the people’s mandate but did not consider it mandatory to enact the ordinance into law. A referendum could be held under existing laws if required by constitutional provisions following future amendments.

Asif Nazrul urged the committee to ensure that the aspirations of the July mass uprising and public expectations guided the reform process. He said constitutional changes should strengthen state institutions, establish a balance of power and deliver meaningful democratic reform.

The committee will continue gathering views from experts, lawyers, academics, political parties and other stakeholders before finalising its recommendations.

The fourth session of the 13th National Parliament is scheduled to begin on November 9, but the proposed constitutional amendments will not be presented during the session.

Chief Whip Nurul Islam Moni said the session had been called in line with the constitutional requirement to convene a new session within 60 days of the previous one ending. He said one or two bills might be introduced and some important bills could be passed, although the agenda was still being finalised.

According to sources, the constitutional amendment proposals could be placed before Parliament during its first session next year, possibly in mid-January. The schedule has not been finalised.