Political parties have reached consensus on two key issues regarding the appointment of the chief justice, according to Vice President of the National Consensus Commission Ali Riaz.
He made the announcement after the 11th day of the second phase of discussions between political parties and the Commission, held at the Foreign Service Academy in Dhaka on Thursday afternoon.
Professor Riaz said the two points of agreement are – amending Article 95 of the Constitution and requiring the President to appoint the chief justice from among Appellate Division judges. Currently, the Constitution places no such obligation on the president.
He, however, said there is disagreement over whether the chief justice should be the most senior judge or one of the two most senior judges. The commission will continue discussions to finalise the matter.
Discussions also focused on amending Article 141(A) to remove the provision allowing a state of emergency for “internal disturbances” and requiring Cabinet approval instead of the Prime Minister’s sole authority to declare it. Both the Commission and parties agreed further clarification is needed.
Two proposals related to a caretaker government system were discussed. Professor Riaz stated that all parties want a reliable system that reflects long-standing public demand and ensures fair elections. However, further dialogue is required to reach consensus.
BNP’s Salahuddin Ahmed stated his party supports appointing the chief Justice from among the two most senior judges but noted there’s no final agreement.
He added that all parties agree the judiciary should remain uninvolved in forming a caretaker government. There was also consensus on preventing the misuse of emergency powers and requiring Cabinet approval instead of the Prime Minister alone.
He said the government has shared a new draft of the July Declaration, which is under review by BNP’s standing committee.
He stressed that while the declaration is politically important, it need not be part of the Constitution. However, BNP wants state recognition of mass uprisings.
Jamaat-e-Islami’s Hamidur Rahman Azad supported appointing the chief Justice based on seniority and proposed ensuring citizens’ right to access justice, especially during authoritarian rule.
Akhtar Hossain of the National Citizen Party emphasized protecting citizens’ right to justice during emergencies and called for constitutional recognition of the July Declaration as part of a new constitution.
Thirty political parties, including BNP, Jamaat-e-Islami, and NCP, participated in the dialogue. The commission will resume talks next week to finalise the July Declaration and move toward broader national consensus.