July Charter referendum: What will change if 'Yes' wins and what happens if voters say 'No'?

Bangladesh's upcoming July National Charter referendum – set to be held alongside the 13th National Parliamentary Election on 12 February – has sparked much debate. At the centre of public conversation is a more immediate question for voters: what exactly will change if the Charter is approved, and what happens if it is rejected at the ballot box?

If voters endorse the July Charter by voting 'Yes' in the referendum, the next parliament will be legally bound to implement a set of 84 reform proposals, including major constitutional changes affecting the state structure, executive power, elections and the judiciary.

If the 'no' vote wins, the party victorious in the national election will not be obliged to implement the reform proposals as per the Charter. Instead, reforms will then depend entirely on the majority party in the next parliament.

Voters will cast a separate ballot with four brief points and choose either 'Yes' or 'No'. A 'Yes' vote will make the July Charter binding, while a 'No' vote will render it ineffective.

According to the government, 47 of the 84 proposals require constitutional amendments, while the remaining 37 will be implemented through laws or executive orders.

If 'Yes' wins, the Constitution Reform Council of the next parliament must complete the required constitutional amendments within 270 days, or nine months. If the council fails to do so within this period, a Constitution Amendment Bill prepared by the interim government will automatically be considered passed.

Changes to state identity and fundamental principles

The July Charter proposes redefining the republic's identity by replacing the term "Bengali" with "Bangladeshi", while recognising all mother tongues alongside Bangla, which will remain the state language.

It also proposes replacing existing state principles with commitments to equality, dignity and religious harmony.

Several constitutional provisions, including the Preamble and the Caretaker Government system, would remain unchanged if the 'no' vote wins.

Executive power and checks

Under the proposed changes, the prime minister would face a lifetime limit of 10 years or two terms and would be barred from holding multiple offices.

Emergency declarations would require cabinet approval, and fundamental rights could not be suspended.

The president would be elected by secret ballot of a bicameral parliament and gain greater appointment powers over statutory bodies. 

Presidential pardons would require the consent of victims, while impeachment would need a two-thirds majority in both houses.

Parliament, elections and governance

A 'Yes' vote would introduce a bicameral parliament, adding a 100-member Upper House elected through proportional representation. If 'no' wins, there will be no legal obligation to form an upper house. 

If 'Yes' wins, reserved seats for women in parliament would increase to 100, and the deputy speaker would have to come from the opposition. 

MPs would be allowed to vote independently, except on budget and confidence motions.

National security treaties would require parliamentary approval, and the Election Commission would be appointed through a multiparty committee.

The Caretaker Government system would be restored, with appointments requiring consensus between ruling and opposition parties. Even if the 'no' vote wins, the Supreme Court rule reinstating the caretaker system will carry binding force. 

Judicial and legal reforms

The charter proposes reforms to strengthen judicial independence, including appointing the chief justice from the Appellate Division and transferring High Court judge appointments to a commission led by the chief justice.

It also mandates the appointment of an ombudsman and the establishment of regional High Court benches.

If 'Yes' wins, 37 additional reforms will be implemented through legislation or executive orders.

These include redrawing electoral boundaries, creating an independent criminal investigation service, establishing a separate Supreme Court secretariat, digitising court management, and forming a permanent Public Service Reform Commission.

However, voters will not see these details on the ballot paper, which will only ask them to approve or reject the July Charter as a whole.

If 'yes' wins, it will clearly mark the beginning of a new era of reform. A 'no' outcome, however, would not shut the door entirely. Some changes could still be pursued through executive orders, but many core reforms would be left in limbo, subject to the priorities and political will of the party in power.