NCP, AB Party, IAB stress urgency of Constitutional Council formation for reform

Leaders of the National Citizen Party (NCP), Amar Bangladesh (AB) Party, and Islami Andolan Bangladesh (IAB) have voiced strong support for the formation of the proposed National Constitutional Council (NCC), arguing that it is essential for ensuring the neutrality and effectiveness of the country's constitutional institutions.

While the BNP is reportedly opposed to the formation of NCC since the beginning of talks, these parties have warned that without the NCC, fundamental reforms will be severely hampered, and partisan control over key institutions may continue.

Understanding the Constitutional Council: In Bangladesh and elsewhere

They made the observations while speaking to reporters before lunch during the ongoing second phase of dialogue between the National Consensus Commission and political parties at the Foreign Service Academy in Dhaka today (18 June).

Consensus above partisan lines: NCP

NCP Convener Nahid Islam said while his party supports the formation of the NCC, a final consensus on the matter has yet to be reached within the broader political landscape.

He emphasised that reforms must break from the traditional partisan appointment process that has historically undermined key constitutional institutions.

He said, "There is still no consensus regarding the NCC. While we support the NCC's formation, we have some concerns about its proposed structure. We do not support continuing the previous system of appointing officials to institutions like the Election Commission, ACC, PSC [Public Service Commission], and Human Rights Commission."

Regarding NCC, Nahid urged all political stakeholders to rise above narrow party interests and come together in the interest of democratic aspirations.

He also revealed that he had asked critics of the NCC to propose alternatives, questioning whether they preferred to continue the politicisation of constitutional bodies. "Those who oppose the NCC must clarify whether they want to retain the partisan nature of such appointments," he said.

Addressing concerns raised by opponents who fear that the NCC would undermine the power of the executive branch or the prime minister, Nahid countered, "We have explained that such institutions should not fall under the control of the executive."

However, he clarified that some roles should remain under the executive branch. "Appointments like the heads of the armed forces and the attorney general should stay with the executive. But a separate policy is needed when it comes to appointing the chief adviser," he added.

Fundamental reforms will be harmed without NCC: AB Party

Talking to reporters, AB Party Chairman Mojibur Rahman Monju stated that the absence of the NCC would result in the failure of crucial reforms and allow constitutional institutions to function under old, politically influenced systems.

He pointed out that while there is a mixed reaction among political parties regarding the NCC, the BNP, despite its opposition, seems to be softening its tone.

Monju also warned that appointments to significant posts like the attorney general and the Election Commission could become politically motivated if left solely to the executive branch. "If appointments are made based on the will of the executive, then institutions will again become tools of the ruling party," he said.

Supporting the idea of reforms through the NCC, Monju proposed that appointments to constitutional and statutory bodies be made through this council.

He also agreed with the proposal from the Consensus Commission but cautioned against including the chief justice in the NCC, to preserve judicial neutrality. "An Appellate Division judge could be included instead," he suggested.

Referendum should be held if no consensus on NCC: IAB

Meanwhile, Islami Andolon spokesperson Gazi Ataur Rahman echoed these sentiments, saying that his party is in principle in favour of the NCC, as constitutional bodies have historically failed to operate independently since Bangladesh's independence.

"Most political parties agree with the proposal, and we believe it is a timely and necessary reform," he said.

However, Ataur expressed surprise at the stance of certain left-leaning parties that oppose immediate reforms, noting that some of them, despite being long-time proponents of change, now advocate for continuing with outdated arrangements.

"If consensus cannot be reached on the NCC, then such a fundamental reform should be decided through a referendum," he proposed.

He also called for changes in the proposed structure of the NCC. "We believe the president should not be part of the NCC, as he will be the one approving its recommendations. There should be representation from the judiciary.

"The formation of the NCC doesn't mean the government will fall. Those who oppose it are the ones who fear impartial constitutional institutions."