Political parties yet to reach consensus on major constitutional reforms, including caretaker govt tenure, CA appointment: Ali Riaz

Highlights:

1. Consensus yet to reach on

• Framework for decentralising the judiciary
• Appointment of the chief adviser of the caretaker government, tenure of the caretaker government
• Formation of the National Constitutional Council
• Number of times an individual can be elected as prime minister, number of positions MPs can hold
• Process for electing the president, procedure for constitutional amendments

2. Consensus reached on:

•  Restoration of the caretaker govt; formation of a bicameral legislature
• General consensus on four principles of state: equality, human dignity, social justice, and democracy
• Changing rule that prevents MPs from voting against their own party

Political parties are yet to reach a consensus on several important constitutional issues, including the tenure of the caretaker government and the appointment of the chief adviser, said Prof Ali Riaz, the vice-chairman of the National Consensus Commission, today (26 May).

Besides, while there is policy agreement on some recommendations of the Constitutional Reform Commission, further discussions are needed on several other matters, he said.

"However, many parties have expressed willingness for further discussions and have shown flexibility during the dialogues," he said while talking to reporters on the Consensus Commission's progress in building consensus over the state reform initiatives, at a press briefing at the National Parliament Complex's LD Hall in Dhaka.

"The unresolved issues include the framework for decentralising the judiciary, the appointment of the chief adviser of the caretaker government, the tenure of the caretaker government, the formation of the National Constitutional Council (NCC), the number of times an individual can be elected as prime minister, the number of positions a member of parliament can hold, the process for electing the president, and the procedure for constitutional amendments — these fundamental structural matters remain unsettled," said Riaz, who previously led the Constitutional Reform Commission.

"There is no disagreement among political parties regarding the restoration of the caretaker government," he noted.

Regarding the fundamental principles of the constitution, he stated that most parties have expressed their opinion against including "pluralism" as a core principle of the state.

"However, there is a general consensus on the other four principles: equality, human dignity, social justice, and democracy. Some parties have also suggested adding additional principles beyond these four," he said.

On constitutional rights, Prof Riaz mentioned that there is an effort to expand citizens' social, political, and economic rights, with some aspects becoming obligations for the state. "However, there are differences in opinion regarding the list of rights, their implementation, and the extent of state obligations."

Additionally, consensus has been reached on certain issues, such as the formation of a bicameral legislature, with most parties agreeing in principle. However, he added, some parties still support maintaining a unicameral legislature.

"There is also a general agreement among parties on reserving 100 seats for women in the lower house, though there are differing views on the method of implementation. Both supporters of a bicameral and unicameral legislature agree that the deputy speaker position should be given to the opposition party," he said.

Furthermore, the parties that support the formation of an upper house have agreed on a 100-member upper chamber.

However, while the majority supports the proportional voting recommendation from the Constitutional Reform Commission, there is no consensus on how these representatives should be elected, Riaz said.

He stated that Article 48(a) of the Constitution, which essentially defines the powers of the president, has broad agreement among political parties for amendment. "However, there are differing opinions on how the balance of power between the prime minister and the president should be structured."

Regarding Article 70, he said, while there is consensus on changing the rule that prevents MPs from voting against their own party, there is only partial agreement on which votes should remain mandatory for party discipline.

"Most parties agree that budget bills, confidence votes, and constitutional amendment bills should require party loyalty, but some parties have proposed adding national security-related bills to this list," noted the professor.

On parliamentary committees, he stated that most parties agree that key standing committees should be chaired by opposition MPs. Specific committees under consideration for this requirement include the Public Accounts Committee, the Estimate Committee, the Public Undertakings Committee, and the Privilege Committee.

Over the last two months, the Consensus Commission, led by Ali Riaz, held separate meetings with 33 parties, including the BNP, Jamaat-e-Islami, and the National Citizen Party (NCO).

On 20 March, the Consensus Commission opened a series of talks with political parties to forge a national consensus on state reform initiatives. The first round of dialogues concluded on 19 May after two months of discussions. The second round of discussion is expected to begin soon.

Which party stands where

Formed on 15 February, under the leadership of Chief Adviser Professor Muhammad Yunus, the commission was tasked with shaping a unified national stance on critical reforms.

In its initial phase, the commission compiled key recommendations from five reform commissions - addressing constitutional, public administration, electoral, judicial, and anti-corruption reforms - and shared them with 39 political parties for feedback.

At least 34 political parties, including BNP, Jamaat and NCP, responded by sending their reform opinions in broadsheets to the Consensus Commission.

The commission aims to reach a national consensus by mid-July to prepare a national charter to reform the state structures.

However, the sharp divisions among major political parties, including the BNP, Jamaat, and the NCP, revealed during earlier discussions with the National Consensus Commission, show how difficult it is for the commission to find common ground in our political landscape.

Except for agreeing on the establishment of an upper house in parliament, they remained divided on issues such as a two-term limit for prime ministers, the formation of a constitutional council, and the fundamental principles of the constitution, The Business Standard reported on 28 April, by when the commission had held talks with 17 parties.

Differences in their stances were also evident on issues such as voting methods, the duration of parliament, and the minimum age for voters and candidates.

Jamaat and the NCP propose that no individual should serve as prime minister more than twice in their lifetime. In contrast, the BNP suggests that a person may serve a third term as prime minister after a break, but not for three consecutive terms.

BNP Standing Committee member Salahuddin Ahmed, in April, said an individual could serve more than two terms as prime minister if there is a break between the two terms.

The Jamaat-e-Islami also advocates for elections under a proportional representation (PR) system, whereas the BNP prefers to maintain the current voting method. Meanwhile, the BNP opposes the formation of a National Constitutional Council (NCC), although Jamaat and the NCP support it.

Although both the commission and the parties have agreed on the need for an upper house, decisions regarding its name, composition, term length, and responsibilities remain unresolved. The commission is continuing its dialogue with the political parties on these issues.

The BNP and the reform commission have proposed naming the upper house the "Senate". Jamaat has not suggested a name, while the NCP has proposed calling it the "Jatiya Parishad".

Following discussions with the commission, BNP's Salahuddin had said the upper house could have 100 seats, although the commission has proposed 105.