Draft July Charter outlines process for caretaker govt formation, chief adviser selection

The National Consensus Commission has circulated the final draft of the "July National Charter 2025" to political parties, which includes a detailed framework for forming an election-time caretaker government.

During the commission's second phase of talks, several parties, including the BNP, observed that establishing such a system would involve a lengthy and complex process.

According to Article 16 of the proposed draft, however, 29 parties and alliances have reached consensus on the first two provisions relating to the caretaker government. 

The draft further elaborates on how the system will be structured, with constitutional amendments proposed to accommodate the framework.

The proposed provisions are as follows:

1. General elections for Members of Parliament shall be held within ninety (90) days after the expiry of parliament's tenure or dissolution for any other reason. [Agreed by 29 parties and alliances]
    
2. By amending Article 58(b) of the Constitution, the appointment of the Chief Adviser of the election-time caretaker government shall be finalised 15 days prior to the expiry of parliament's tenure, or within 15 days after dissolution for any other reason. [Agreed by 29 parties and alliances]
    
3. In case of expiry of tenure, 30 days before the end of parliament's term, under the supervision of the Speaker and managed by the Parliament Secretariat, a five-member selection committee shall be formed comprising: (1) the Prime Minister, (2) the Leader of the Opposition, (3) the Speaker, (4) the Deputy Speaker (from the opposition), and (5) one representative from the second-largest opposition party in Parliament (if more than one party qualifies, the one with the highest vote count in the last election will be considered the second-largest). The Speaker will preside over all meetings and decisions of the committee.
    
4. Within 24 hours of formation, the committee shall invite registered political parties, represented parliamentary parties, and independent MPs to propose names of eligible persons, as defined in Article 58(c), for the position of adviser in the caretaker government. Each party may propose one name, and each independent MP may propose one name.
    
5. Political parties and independent MPs shall submit their proposed names to the Parliament Secretariat within the next 24 hours.
    
6. Within 72 hours, the committee members shall meet to discuss and review their own findings along with the submitted names, and from among the eligible citizens under Article 58(c), select one individual as the Chief Adviser of the caretaker government, who will then be appointed by the President.
    
7. If the committee fails to finalise a Chief Adviser within 120 hours of formation, then within the next 48 hours: the ruling party/alliance shall propose five suitable names, the main opposition party/alliance shall propose five suitable names, and the second-largest opposition party shall propose two suitable names. (If multiple parties qualify as the second-largest opposition, the one with the highest vote count in the last election will be considered as such). The Speaker will publish the proposed names for public knowledge.
    
8. Within the following 48 hours: the ruling party/alliance shall select one name from the opposition's list of five; the opposition shall select one name from the ruling party's list of five; and from the two names proposed by the second-largest opposition, the ruling party/alliance shall select one and the opposition shall select one. If consensus is reached among the proposing parties on any individual, he/she will be nominated as the Chief Adviser. Alternatively, if four out of the five members of the committee agree on one candidate, that person will be nominated as the Chief Adviser.
    
9. If no consensus is reached, then within the next 24 hours two judicial representatives shall be added to the selection committee, though they will not be permitted to propose names. One shall be a Justice of the Appellate Division, and the other a Justice of the High Court Division. These two shall be nominated by a three-member body comprising: (1) the most recently retired Chief Justice, (2) the incumbent Chief Justice, and (3) the senior-most Justice of the Appellate Division.
    
10. At this stage, the seven-member selection committee shall, within 24 hours, select the Chief Adviser through a secret ballot using the ranked-choice voting method, under the supervision of the Speaker.
     
11. The nominated individual shall be appointed by the President within the next 24 hours for a period of ninety (90) days. However, he/she shall not take oath while parliament is still in session.
     
12. If even after these procedures a Chief Adviser cannot be chosen, the 13th Amendment provisions shall apply, with the condition that the President cannot be selected as Chief Adviser.
     
13. If the office of the Chief Adviser falls vacant, the President shall, without delay, appoint the next most senior candidate (by age) from the ranked-choice voting results for the remainder of the caretaker government's tenure. If the second-ranked person declines or is unable to serve, the next-ranked candidate shall be appointed. In such a case, the existing adviser council will remain, though the new Chief Adviser will have the authority to fill any vacant adviser positions.
     
14. Upon appointment, the Chief Adviser shall, in consultation with the selection committee, choose up to 15 persons qualified under Article 58(c) as advisers, who will then be appointed by the President.
     
15. If parliament is dissolved before the expiry of its term, then within 24 hours a new five-member selection committee shall be formed, mirroring the same composition, under the management of the Parliament Secretariat. This committee shall select a Chief Adviser within the next 14 days (336 hours) following the same procedure, and the individual shall be immediately appointed by the President.
     
16. Article 58(7)(d) shall be amended to replace the words "not above seventy-two years of age" with "not above seventy-five years of age."
     
17. The Chief Adviser of the caretaker government shall enjoy the status and privileges of the Prime Minister, and the advisers shall enjoy the status and privileges of Ministers.
     
18. The duties, responsibilities, jurisdiction, and tenure of the caretaker government shall be as determined by the Constitution.
     
19. The tenure of the caretaker government shall not exceed ninety (90) days. However, in case elections cannot be held within this period due to natural calamities or force majeure, the caretaker government may continue for an additional maximum of thirty (30) days.
     
20. The caretaker government shall automatically dissolve on the date when the newly elected Prime Minister assumes office.
     

Note of dissent: BNP (in favor of vesting the formation process in parliament), Bangladesh Labour Party (clauses 9, 10, 13), NDM (clauses 8, 9, 12), Nationalist Like-Minded Alliance (clauses 9, 10, 13), 12-Party Alliance (clauses 9, 10, 13), Jamiat Ulema-e-Islam Bangladesh (clauses 7, 8), Bangladesh Nezam-e-Islam Party (clauses 7, 10).