A sharp standoff between the government and the opposition over cancelling or amending at least 20 of 133 ordinances has cast fresh uncertainty over the constitutional reform process.
The disputed measures include ordinances on the referendum, Supreme Court judge appointments, the National Human Rights Commission, the Police Commission, and enforced disappearance prevention and remedy.
Diverging positions have intensified political tensions and clouded the reform agenda.
The ruling side says some ordinances conflict with the Constitution or fall outside the interim government’s jurisdiction. The referendum provision has come under particular scrutiny as it is not explicitly recognised in the Constitution. Officials say the aim is to bring all measures within the constitutional framework.
The opposition says the move is an attempt to recentralise power, contradicting the spirit of the July Charter. Ignoring the public mandate expressed through the referendum would undermine the will of the people, it says.
Analysts say the ordinances form the backbone of the reform agenda. Scrapping them could derail the process and raise questions over the legality of state spending on the referendum held alongside the national election on 12 February to implement the July National Charter.
The issue gained momentum after Wednesday’s parliamentary special committee meeting. Sources said both sides agreed to pass 113 ordinances, while sharp disagreement persists over 20.
“The law ministry has proposed scrapping the referendum ordinance, which the opposition has objected to,” Jamaat MP Rafiqul Islam Khan said, adding that proposals to amend other key ordinances are yet to be fully discussed.
Committee chairman and ruling party MP Zainul Abedin said no decision has been taken on the referendum. Law Minister Md Asaduzzaman said the matter remains under discussion, with no final decision.
The committee will meet again on Sunday. Under Article 93, ordinances will lapse if not approved within 30 working days of the first parliamentary session.
The parliament secretariat said another committee meeting will be held at 11am on Saturday, followed by a BNP parliamentary party meeting. Sources said the party’s position on the ordinances may be discussed there.
Why 133 ordinances were issued
The interim government led by Muhammad Yunus issued 133 ordinances soon after taking office to reform the state structure.
Prolonged political deadlock, declining trust in elections, concerns over judicial independence, and allegations of enforced disappearances and human rights violations drove the move.
The July National Charter, shaped through dialogue with political parties, set out a roadmap for restructuring the Constitution and state institutions. The ordinances were seen as the starting point of that transformation.
Referendum at centre of reform debate
The Referendum Ordinance 2025 sits at the core of the reform process, enabling public approval of the July National Charter.
In the February 12 vote, more than 68 percent backed the proposal, paving the way for a Constitutional Reform Council and proposals including an upper house under proportional representation.
Jamaat MP Gazi Nazrul Islam said questioning the referendum’s legality could be a pretext to scrap it using parliamentary majority, warning of protests inside and outside parliament.
Judge appointment ordinance raises concerns
The ordinance on Supreme Court judge appointments aimed to curb executive influence by introducing a search committee-based system.
Opposition leaders warn scrapping it could restore executive dominance and weaken checks and balances.
Supreme Court lawyer Shishir Monir said reforms are being resisted to reintroduce political influence in key institutions.
Human rights ordinances under scrutiny
The interim government had said the measures aimed to strengthen accountability by empowering the Human Rights Commission and addressing enforced disappearances.
Legal experts warn that weakening these laws could stall justice for past violations and undermine transitional justice efforts.
Risks if ordinances are scrapped
Analysts warn of wide-ranging consequences if key ordinances are cancelled or diluted.
The reform process could face a legitimacy crisis, while the Constitutional Reform Council’s credibility may be questioned if the referendum’s basis weakens.
Greater executive influence over judicial appointments could revive concerns over neutrality. Weakening accountability laws could trigger negative international reaction and stall reforms in bodies such as the Anti-Corruption Commission, Election Commission, and Public Service Commission.
Scrapping the ordinances could also raise questions over public funds spent on the referendum.
Consensus under strain
A breakdown in consensus around the July National Charter could deepen political divisions.
If the ruling party uses its majority to push changes, the opposition may escalate protests. The Jamaat-led alliance is already considering programmes and may shift from awareness campaigns to street action.
The ordinances were seen as a roadmap to rebalance state power and establish accountable governance. Their removal could put the entire reform framework at risk, stakeholders said.
