National Consensus Commission(NCC) has begun consultations with legal and constitutional experts to determine the procedure and legal obligations for implementing the July National Charter.
At the first day’s meeting, held on Sunday at the LD Hall of the Jatiya Sangsad Bhaban, six experts took part and discussed several alternative proposals. These included implementation through a public referendum, bringing the charter under a legal framework via a Supreme Court reference, adopting special measures under special circumstances, and even issuing an ordinance for implementation.
The participating experts were former Justice MA Matin, former Justice Mainul Islam Chowdhury, Dhaka University Law Faculty Dean Mohammad Ikramul Haque, senior lawyer Sharif Bhuiyan, lawyer Tanim Hossain, and lawyer Imran A Siddique.
Some participants argued that while there is no provision for an interim government in the existing constitutional framework, the current administration was formed through the exercise of people’s power and on the basis of a High Court reference. Therefore, it has the authority to implement reforms. They suggested that under Article 106 of the Constitution, the Supreme Court’s opinion could be sought to recognise the charter as part of the Constitution, with a referendum held if necessary to secure public consent.
Others proposed using a proclamation, Legal Framework Order (LFO) or ordinance for implementation. However, it was noted that ordinances would not be effective for constitutional amendments. Some reforms, participants said, could be enacted immediately through ordinances, but would lose validity if not approved by parliament. The meeting emphasised the need to bring the entire charter under binding legal authority.
Commission Vice-Chairman Professor Ali Riaz said, “Discussions with experts have started. We are gathering opinions both formally and informally. After speaking with more experts, these proposals will be sent to the government and political parties.”
Also present at the meeting were Commission members Badiul Alam Majumdar, Justice Md Emdadul Haque, Dr Iftekharuzzaman, Safar Raj Hossain, Md Aiyub Mia, and Chief Adviser’s Special Assistant Monir Haider.