BNP-opposition rifts widen over constitution revisions

Disagreements between the BNP and other opposition parties over the country’s constitution amendment process have deepened, with Jamaat-e-Islami refusing to join the special committee and calling the process unconstitutional and illegal. 

The BNP, meanwhile, has urged opposition parties to join the committee and present their views.

Amid the political divide, the special committee is considering a proposal to form a caretaker government from the upper house of Parliament if a bicameral legislature is established. Committee Chairman and Home Minister Salahuddin Ahmed said no final decision had been taken yet.

Dr Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), told The Daily Observer that, the ruling party formed the special committee and holds a parliamentary majority, making it likely that the committee’s decisions would be implemented.

However, he questioned whether the government was respecting the mandate given by the people through a referendum and whether constitutional amendments were being pursued without meaningful opposition participation.

He said proposals on the caretaker government system, an upper house and the election of the President had emerged from the July Charter. The key question, he added, was whether the government was moving away from the charter’s commitments to pursue its own constitutional agenda.

Iftekharuzzaman also viewed the opposition’s protests over constitutional reform as an attempt to gain political advantage. He said the main concern for the public was whether the expectations raised by the July Charter and endorsed through the referendum were being fulfilled.

The special committee has discussed forming a caretaker government from the upper house if Parliament becomes bicameral. Under one proposal, the upper house Speaker could lead the caretaker government, while the ruling party and opposition would reach an agreement on selecting the Speaker and appointing advisers.

A total of 44 constitutional experts, law professors and Supreme Court lawyers provided their opinions during the committee’s proceedings. The committee has sought written submissions and is trying to build consensus on keeping the judiciary and the President outside the caretaker government formation process. No decision has been made on the BNP’s notes of dissent.

Other proposals discussed include ensuring judicial independence, balancing the powers of the Prime Minister and President, making the Anti-Corruption Commission and the Human Rights Commission constitutional bodies, expanding fundamental rights, and setting different terms for the two houses of Parliament. One proposal suggests a four-year term for the lower house and a six-year term for the upper house.

Professor Asif Nazrul, a former legal adviser to the interim government, said the caretaker government system should reflect the aspirations of the mass uprising. Although political differences remain over the reform council and the constitutional amendment committee, he said reforms should bring positive changes that achieve their intended goals.

Jamaat-e-Islami has defended its decision to stay away from the special committee on legal grounds. The party’s Secretary General, Mia Golam Porwar, told The Daily Observer that the process led by Home Minister Salahuddin Ahmed was unconstitutional, citing Article 152 of the Constitution.