BNP iterates objection to 2-term cap for PM, proposes CJ appointment from senior-most judges

Highlights:

• BNP backs over 500 reform proposals from 5 commissions, rejects 73
• It supports almost all proposals from ACC
• Opposes collectively led cabinet under PM
• Proposes limited presidential authority in Article 48

The BNP has not agreed with the reform proposal limiting prime ministerial terms to two, while advocating for the chief justice to be appointed from a panel of the top three senior Appellate Division judges to avoid controversial appointments.

Following the third day of discussions with the National Consensus Commission, BNP Standing Committee Member Salahuddin Ahmed told reporters this evening (22 April).

The party has agreed with over 500 of the 691 reform proposals put forth by five reform commissions, while opposing 73 and providing comments or partial support on others.

Salahuddin said, "Their proposal was that the senior-most judge of the Appellate Division should be the next chief justice. Our proposal is that some inconsistencies have been seen in the state before.

"If we specify everything in all cases, with no alternative, since we want to make the judiciary completely independent in the future, it will not be beneficial for the state if a controversial person becomes the chief justice like before.

"There should be at least one alternative here, with at least two-three senior-most judges of the Appellate Division in this option. That point has not been accepted yet. Discussions are still ongoing," he added.

The Judicial System Reform Commission had earlier recommended that the chief justice be appointed strictly based on seniority. The BNP emphasised the need for flexibility in such appointments.

The party also opposed the idea that a person can serve as prime minister for a maximum of two terms, instead proposing that someone may return to office after a break.

"There was also talk of a three-term maximum during Sunday's discussions. We have positively received that matter," said Salahuddin, noting that a formal proposal on this point has not yet been submitted to the party.

Regarding other constitutional reforms, the BNP suggested adding a new clause to Article 48 to ensure the independence of the judiciary by legally and constitutionally vesting power in the president.

Salahuddin said the party agrees "in principle" with the appointment of judges from among university law faculty members, but does not support the concept of a National Constitutional Council.

He further stated, "It has been said to involve the National Constitutional Council in declaring a state of emergency. Besides, we have agreed with the commission on adding the Supreme Judicial Commission. 

"However, the commission wants to involve the judiciary in what is meant by the state. We believe that involving the judiciary with the state will not bring anything good."

The BNP has also agreed in principle with the introduction of a bicameral parliament. Discussions were also held on the election of female candidates.

Earlier in the day, Salahuddin told reporters that a broad national consensus on reform is essential for the country's future and that such matters should not be rushed.

"The report from the Constitution Reform Commission is now in its final stages of discussion. Now, we will begin reviewing the judiciary-related issues. Discussions on other commissions will follow gradually," he said.

Salahuddin reiterated BNP's commitment to judicial independence, including reforms in the judicial appointment ordinance and the establishment of a separate judicial secretariat, but stressed that "everything must be done in accordance with the law and the constitution."

The ongoing dialogue with the National Consensus Commission marks the third round of discussions between the BNP and the body. Previous meetings were held on 17 and 20 April. The BNP had formally submitted its reform proposals to the commission on 23 March.

The BNP delegation includes Standing Committee Member Salahuddin Ahmed, Chairperson's Adviser Ismail Jabihullah, former establishment secretary Abu Mohammad Moniruzzaman, and Barrister Ruhul Quddus Kazal, former Supreme Court Bar Association general secretary.

Speaking at the start of today's session, Commission Vice President Professor Ali Riaz described the process as a "historic moment" and confirmed that the chief adviser is being kept informed of the discussions.

He also said that the second round of talks with political parties will begin in May.