Consensus Commission decides 100-member Upper House thru PR, BNP opposes

Highlights

• Upper House to be formed through PR
• 10% of the 100 upper house seats reserved for women
• Selection committee for appointing the chief adviser to be headed by speaker
• BNP, allies give notes of dissent on both decisions
• Consensus Commission makes decision despite disagreement from some

The Upper House of the parliament will be formed through proportional representation (PR) system, with 10% of the 100 seats reserved for women, according to a decision made by the National Consensus Commission.

Also, the selection committee for appointing the chief adviser of the election-time caretaker government will be headed by the speaker and comprise the prime minister, the leader of the opposition, the deputy speaker (from the opposition), and one representative from the third-largest party in parliament, the Consensus Commission decided on the 23rd day of talks with political parties at the Foreign Service Academy in Dhaka.

The commission said most of the parties excluding the BNP and its allies have agreed on forming a selection committee for appointing the chief adviser.

According to the decision, both the ruling and opposition parties will propose five names each, while the third-largest party will propose two names to the selection committee. The committee will then recommend one name for chief adviser to the president either through consensus or by a 4-1 majority vote.

If the committee fails to reach a decision, two judges from the Appellate Division and the High Court Division will be added to the committee. They will choose one candidate from a list of 12 using a ranked-choice voting method.

If this process also fails, the provisions of the 13th Amendment will be followed. In this case, the president will not be eligible to serve as the chief adviser.

However, the BNP and its allies including Jatiyatabadi Samamana Jote, 12 Party Alliance, NDM, Labour Party, have given note of dissent to the inclusion of judges in the selection committee and the use of the ranked-choice voting method.

PR system for upper house, 10% women's quota

The BNP and the 12-Party Alliance have issued notes of dissent on this decision.

Previously, during the first phase of talks, all parties had agreed in principle on the formation of an upper house. However, in the second phase, discussions around the structure lasted for over five days. The commission made its final decision today (31 July).

According to the decision, the Upper House will not have independent legislative power.
Except for money bills, all other bills will be presented in both houses. Also, the Upper House cannot permanently block a bill. If it holds a bill for over one month, it will be considered approved.

If the Upper House rejects a bill, it will return to the Lower House with recommendations for amendments. The Lower House may choose to accept, partially accept, or reject the proposed amendments.

BNP's response

BNP Standing Committee Member Salahuddin Ahmed said, "Issues passed in the Lower House will go to the Upper House. But constitutional amendments will not go to the Upper House – they will be decided solely by the directly elected Lower House. 

"Some people want to introduce the PR system to complicate constitutional amendments by shifting them to unelected bodies."

Speaking to journalists during a break on the final day of the second phase of talks, Salahuddin added that the Upper House was initially a BNP proposal, also included in its 31-point reform agenda.

"We need an Upper House enriched with national figures," he said.

Salahuddin also stated that BNP has agreed on many issues, including the Public Service Commission, the Comptroller and Auditor General, and the Ombudsman, though with notes of dissent on some points. He added that BNP proposed reforms to strengthen appointment processes under existing laws.

On the draft July Charter

Salahuddin said BNP has proposed recognising the 'July Declaration', which should be included in the Fourth Schedule of the Constitution.

Although Jamaat-e-Islami and the National Citizen Party (NCP) have said they won't sign the July Declaration without a legal foundation, Salahuddin believes the declaration is above the law.

"The charter proposes implementing the commitments within two years of forming the government. We fully agree. The Commission also suggested that fulfilling these promises may require constitutional, legal, and regulatory amendments. We have pledged to do so," he said.

"This charter will bear the signatures of not just the Commission, but all political parties. It reflects national consensus and the sovereign will of the people. We've pledged to incorporate it into the Fourth Schedule of the Constitution," Salahuddin emphasised.