'Doctrine of political question' could be applied to July Charter implementation: Badiul Alam

The "doctrine of political question" could be applied to the implementation of the July Charter, as political leaders have reached consensus on the issue after extensive discussions, Badiul Alam Majumdar, secretary of civil society group Sushashoner Janno Nagorik (SUJAN), has said.

"The ongoing debate over the referendum was being addressed by looking for solutions in the Constitution, although the Constitution doesn't provide a clear answer," he said at a seminar yesterday. 

The event, titled "Constitutional recognition of July: Citizens' expectations from the government and the new parliament", was held at the CIRDAP auditorium in Dhaka.

Badiul said the interim government did not come to power through the Constitution but through a mass uprising. "Therefore, the solution lies in the government order implementing the July Charter and in the verdict given by people through the referendum."

He added that there is a doctrine in the legal sphere called the doctrine of political question. "Some matters are essentially political, involving political compromise and consensus, and these should remain outside the jurisdiction of courts."

He also criticised what he described as unnecessary controversy surrounding the oath of the constitution reform council. "It is difficult to understand who benefits from creating division and disagreement since the formation of the government. Such disputes would only create further complications."

At the seminar, Akhtar Hossain, member secretary of the National Citizen Party (NCP), said BNP lawmakers had disrespected the sovereign will of the people by refusing to take oath as members of the constitution reform council despite clear legal provisions.

He said Article 8 of the July Charter order requires members of parliament to take oath simultaneously as members of parliament and as members of the constitution reform council. "However, BNP MPs did not follow that provision, which he said amounted to a violation of the law."

He also criticised the BNP's political stance over the referendum, saying the party initially campaigned for a "No" vote before the election but later shifted to supporting a "Yes" vote after sensing public sentiment. 

He said the party is now attempting to challenge the referendum verdict by seeking court intervention.

Referring to the fall of the Awami League government, Akhtar Hossain said the consequences of misleading the public to remain in power were already evident.

"If BNP follows the same path, people will reject them as well," he said, adding that those who resort to political manoeuvring should be prepared to face public resistance on the streets.