Major political parties have expressed differing views on a fresh proposal for implementing the July Charter through a special constitutional order and referendum.
Leaders from the BNP and other like-minded parties argue that it is an attempt to delay the parliamentary elections – expected to be held in the first half of February next year – and could create a new crisis.
The National Consensus Commission (NCC) presented the proposal during talks with political parties at the Foreign Service Academy in the capital on Wednesday.
The political leaders have advised the commission to follow Article 106 of the Constitution in this regard, which grants the president the power to refer questions of law of public importance to the Supreme Court for its opinion, which is non-binding.
BNP leaders and their allies suggested holding a referendum after the upcoming elections, while Bangladesh Jamaat-e-Islami wants the referendum before the polls.
The National Citizen Party, which emerged from last year’s student-led uprising, has remained firm in its demand for a Constituent Assembly to make constitutional changes to implement the July Charter.
While addressing the talks, NCC Vice-Chairman Ali Riaz outlined the proposal for implementing key democratic reforms through a constitutional order issued by the interim government.
“According to the recommendation of the experts, the interim government can issue a constitutional order in line with the 22-point July proclamation,” he said.
The proposal further suggests that “a referendum may be held on this constitutional order, which could take place on the same day as the next general election. If the people approve the order through the referendum, it would be considered valid retrospectively from the date it was issued.”
Regarding the proposal to hold a referendum on the day of the parliamentary elections, BNP Standing Committee member Salahuddin Ahmed told reporters that some fundamental reforms may require a parliamentary referendum.
“So, why would we need a referendum on the same issue twice?” he asked.
Urging all to settle the issues through discussions, he said that advice from the judiciary could be sought for those aspects of the charter related to the Constitution.
“The constitutional order may be challenged today or tomorrow but setting a bad example in front of the nation would not be appropriate,” he said.
He also feared that the unresolved issues might create a sense of uncertainty and delay or hinder the upcoming national elections.
Jamaat Assistant General Secretary Rafiqul Islam told reporters the July Charter must be implemented through a Constitutional Order.
“Our stance is clear. If necessary, the government can go for the referendum. And, the referendum must take place before the parliamentary elections,” he told reporters.
He also demanded that the July Proclamation must be amended.
NCP Joint Convener Sarwar Tushar raised concerns about implementing the proposed constitutional order, especially regarding the status of the current constitution and potential contradictions.
“Our position is that the best solution is to hold the Constituent Assembly election. We hope the Commission will consider this proposal,” he told reporters.
On the new proposals, he said further discussions are needed regarding the proposals that have come forward.
