No final consensus yet on CJ appointment from senior-most judges: Salahuddin
There is a proposal to appoint the CJ from among the two most senior judges of the Appellate Division, without requiring advice from the prime minister. However, no final agreement has been reached on this matter yet, he says
No final consensus has been reached yet regarding the process for appointing the chief justice among the two most senior judges, BNP Standing Committee member Salahuddin Ahmed said today (10 July).
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Speaking to reporters following the 11th day of the second phase of dialogue between the National Consensus Commission and political parties at the Foreign Service Academy in the capital's Bailey Road, he stated, "There is a proposal to appoint the CJ from among the two most senior judges of the Appellate Division, without requiring advice from the prime minister. However, no final agreement has been reached on this matter yet."
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On the issue of the interim government, the BNP leader said, "There is broad consensus among parties to keep the judiciary separate from the formation of such a government. We will need to explore multiple alternatives.
"My personal opinion is that retaining the provision for the last president could be an option, although we are open to alternatives," he noted.
He further suggested that solutions might also be considered from an Upper House of Parliament, but stressed the need for detailed discussions on its structure before proceeding.
Discussing the issue of emergency powers, Salahuddin said, "We have proposed removing the term 'internal conflict' as grounds for declaring a state of emergency, except in cases of war, as this term has previously been misused for political purposes."
Instead, he suggested including constitutional crises, threats to national unity and sovereignty, and severe natural disasters as legitimate grounds for emergency declarations.
Regarding rights during emergencies, he said, "We have supported protecting the rights to life and dignity even during emergencies. Some parties have demanded ensuring the right to justice, but we have a differing opinion on that matter."
Salahuddin expressed hope that the dialogue process would be completed within a reasonable timeframe.
'Interim govt's legitimacy, July Uprising spirit should go in Constitution's fourth schedule'
Salahuddin Ahmed has proposed including the legitimacy of the interim government and the spirit of the 2024 July Uprising in the fourth schedule of the Constitution to ensure proper constitutional recognition.
"We deeply value the significance and glory of the mass uprising. It is acknowledged not only by us but also by the entire nation. To accord it proper respect and recognition, we suggest that the spirit of the July Uprising be incorporated into the fourth schedule of the Constitution," he told reporters.
He further said, "The Constitution is not literature. If it is necessary to provide legitimacy or to accommodate such matters, then we can embed the legitimacy of the government and the spirit of the July uprising in the fourth schedule of the Constitution as a safeguard, along with transitional provisions.
"Including it in the fourth schedule would be more appropriate. This is not an official party decision, but if such an approach is considered, it might lead to a solution."
However, on the demand to embed the July Declaration in the Constitution, the BNP leader said, "A declaration is generally a political document, not a constitutional text. Hence, such documents are usually not included in the Constitution."
