Consensus reached on emergency declaration reform, including opposition representation in Cabinet meeting
Under the proposed changes, any declaration of emergency must be based on the recommendations of a cabinet meeting where the leader of the opposition, or in their absence, the deputy leader, is present
Political parties have reached a consensus to amend the procedure for declaring a state of emergency, replacing the requirement for the prime minister's countersignature with formal approval by the cabinet.
The decision came during the 12th session of the second round of talks at the National Consensus Commission, held at the Foreign Service Academy in Dhaka today [13 July].
Bangladesh Jamaat-e-Islami Nayeb-e-Ameer Syed Abdullah Mohammad Taher, confirmed the development to reporters during a break in the meeting.
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Under the proposed changes, any declaration of emergency must be based on the recommendations of a cabinet meeting where the leader of the opposition, or in their absence, the deputy leader, is present. Based on that recommendation, the president may issue the declaration.
This builds on earlier agreements reached in prior sessions, including on 7 and 10 July, to revise Article 141A of the Constitution to prevent the political misuse of emergency provisions.
Currently, Article 141A(1) of the Constitution allows the president to declare a state of emergency for up to 120 days if he is satisfied that war, external aggression, or internal disturbance threatens the security or economic life of Bangladesh or any part thereof.
However, the existing provision requires the prime minister's countersignature before any such declaration becomes valid.
The new proposal shortens the maximum duration of an emergency to 90 days and introduces a condition that the Cabinet must issue prior written approval. This Cabinet meeting must include representation from the opposition, a move aimed at increasing transparency and ensuring bipartisan consensus during moments of national crisis.
The inclusion of the opposition in such decisions was proposed by Jamaat's Taher and endorsed by BNP Standing Committee member Salahuddin Ahmed.
Islami Andolan's Presidium member Ashraf Ali Akon later raised a concern about scenarios where the opposition leader is absent. He suggested keeping provisions to allow the deputy leader of the opposition to attend in such cases.
Responding to this, Monir Haider, special assistant to the Chief Adviser, clarified that the deputy leader of the opposition holds a rank equivalent to a minister, making their presence valid for Cabinet proceedings.
