Consensus on two issues regarding chief justice's appointment: Ali Riaz

Political parties have reached agreement on two issues related to the appointment of the chief justice, National Consensus Commission Vice-Chair Professor Ali Riaz said after the 11th session of the second phase of the talks. 

The participating parties have agreed to amend Article 95 of the Constitution, which outlines the appointment of Supreme Court Judges. Secondly, it has been agreed that the president will appoint the chief justice from among the judges of the Appellate Division. Under the current provision, the president is not obligated to appoint the chief justice from the Appellate Division.

Speaking to reporters at the Foreign Service Academy on Bailey Road today (10 July), Riaz added that final consensus on the matter is yet to be reached since there are different opinions on whether the chief justice will be the most senior judge or be picked from the top two in seniority. He said the commission will come up with more specific proposals based on opinions given by the political parties.

On the caretaker government issue, Riaz said further progress has been made. Based on previous discussions, the commission proposed today that the legislature will appoint a chief adviser. Parties have provided observations on this proposal, and the commission will now present a more precise and detailed recommendation.

He added that political parties are keen to establish a system that is free of flaws, reflects long-standing demands for reform, and avoids future controversy. All issues are being considered with these priorities in mind.

Regarding the provision for a state of emergency, Riaz said all parties agreed in the previous session on amending it. Discussions are ongoing to clarify how and when a state of emergency may be declared. While some parties favour Cabinet discussion before a declaration, others suggest that Parliament should be involved.

Riaz expressed optimism that a charter based on consensus could be ready within this month, as progress is being made with each session. "These are not issues to rush. Sometimes even specific words or phrases must be carefully considered," he said. He praised the political parties for approaching the discussions with sincerity and mutual respect.

Agreement on keeping the judiciary out of the CA appointment process: BNP

On the caretaker government, BNP Standing Committee member Salauddin Ahmed said that there is general agreement on keeping the judiciary out of the appointment process. 

However, many alternatives need to be explored. He suggested the president as the last resort but said BNP would be happy with other viable options, as past experience with presidential involvement has been bitter. 

He added that the commission must first resolve the structure of the proposed upper house.

'Interim govt's legitimacy, July Uprising spirit should go in Constitution's fourth schedule'

Salahuddin Ahmed has proposed including the legitimacy of the interim government and the spirit of the 2024 July Uprising in the fourth schedule of the Constitution to ensure proper constitutional recognition.

"We deeply value the significance and glory of the mass uprising. It is acknowledged not only by us but also by the entire nation. To accord it proper respect and recognition, we suggest that the spirit of the July Uprising be incorporated into the fourth schedule of the Constitution," he told reporters.

However, on the demand to embed the July Declaration in the Constitution, the BNP leader said, "A declaration is generally a political document, not a constitutional text. Hence, such documents are usually not included in the Constitution."

'Commission has moved away from earlier proposal on appointing CA': Jamaat 

Jamaat-e-Islami's Assistant Secretary General Hamidur Rahman Azad said the commission has moved away from its earlier proposal on appointing the chief adviser of the caretaker government and introduced a new one. Jamaat has requested a separate session to discuss this fundamental issue, as such decisions require prior internal party consensus.

On the chief justice's appointment, Jamaat has proposed that the most senior judge be appointed, although some parties suggested selection from the top two.