Referendum to be held for July Charter; BNP wants it on polls day, Jamaat earlier

Bangladesh is going to hold its fourth referendum as political parties today (5 October) reached a consensus to seek public vote for implementing the July Charter, which aims to amend the Constitution's fundamental structure.

The agreement was reached during a meeting of the National Consensus Commission today. Representatives of 28 political parties participated in the dialogue today.

However, major parties differ on its timing. The BNP has proposed holding the referendum on the same day as the next parliamentary election, while Jamaat-e-Islami prefers it take place before the polls. 

Bangladesh has previously held three referendums – in 1977, 1985, and 1991. The 1991 referendum was conducted to amend seven articles of the constitution. The referendums held in 1977 and 1985 were administrative in nature.

This time, the proposed referendum will combine 84 issues, including 20 constitutional matters, for a single nationwide vote.

After chairing the meeting, Consensus Commission Vice-Chairman Ali Riaz told the media that all political parties had reached a consensus on holding a referendum to implement the July Charter.

He added that the Commission will submit one or more formal recommendations on the charter's implementation to the government by 10 October. "A further round of discussions with political parties is scheduled for 8 October.

Consensus reached on holding referendum to implement July Charter: Ali Riaz

"Some parties earlier proposed seeking the Supreme Court's opinion under Article 106 of the Constitution, but they are now moving away from that stance. Many are showing flexibility, coming closer to a common position for consensus," he added.

He also said representatives of three-fourths of the 30 political parties have already submitted their names to sign the July Charter.

BNP wants referendum on national polls day

BNP Standing Committee member Salahuddin Ahmed said that discussions today moved towards a near-final consensus. He noted that the proposal for a referendum had originally come from their party.

Salahuddin added that a referendum could be held on a separate ballot on the same day as the parliamentary elections. 

He also suggested an ordinance titled "Ordinance for Implementation of the July National Charter 2025," which would empower the Election Commission to conduct the referendum.

He further said a constitutional amendment is not required to hold a referendum. 

"The fascist Awami League government had removed the referendum provision under Article 142, but it has been reinstated by a High Court verdict. There is no clause left in the constitution that prevents holding a referendum. Therefore, an ordinance can be issued to give authority to the Election Commission to hold a referendum on a separate ballot alongside the parliamentary election on the same day," he said. 

He further explained that once parliament convenes, it cannot enact any provision that would bind a future legislature.

Jamaat wants referendum before election

Jamaat Assistant Secretary General Hamidur Rahman Azad said a referendum will provide a legal basis for the July Charter. However, he said the referendum should take place before the national elections.

"We believe the referendum could be held in November or December, even before the election schedule is announced, without disrupting the national vote," he said. 

He added that the February elections can proceed smoothly if the public vote is conducted in advance. "This approach avoids placing the people in a difficult position and ensures both public and national interests are protected."

Azad said the outcome of the referendum would be final and could not be legally challenged or overturned by parliament. "Even if the result goes against us, we will respect it. We will abide by the people's decision and have no objection to it," he said.

NCP, Gono Odhikar

National Citizen Party (NCP) Joint Convener Sarwar Tushar said a separate ballot on election day on the charter's legal basis has been supported by most parties.

Excluding minor linguistic differences, he said, parties are largely in agreement on the charter's legal framework, where the public would vote yes or no on its implementation. 

Gono Odhikar Parishad General Secretary Rashed Khan said consensus has been reached regarding the implementation process, with the remaining issues to be decided by the commission.

How consensus reached

According to the Commission, a constitutional order or ordinance will be issued to hold a referendum after all political parties sign the charter, including the note of dissent.

The BNP initially proposed seeking the Supreme Court's opinion under Article 106 of the Constitution, moving away from its earlier stance of implementing the charter through a party-signed commitment. 

However, after daylong discussions, the BNP agreed to the referendum.

The NCP, which had earlier called for forming a Constituent Assembly to ensure a stronger legal foundation for the charter, also consented to the referendum. 

Jamaat-e-Islami, too, after considering options such as a constitutional order, finally endorsed the referendum approach.

During the meeting, several political parties stressed that since the charter involves amending the Constitution's fundamental structure, public endorsement is essential to prevent future invalidation by the Supreme Court.

Jamaat representative Advocate Shishir Monir said it would be wise to avoid "zigzag" approaches in implementing the charter for the sake of future political stability. 

He argued that seeking the Supreme Court's opinion under Article 106 was unnecessary, as the court cannot support any move to alter the Constitution's fundamental structure within the scope of the existing article.

Past referendums

Historically, Bangladesh has held three referendums. 

The 1977 referendum under Ziaur Rahman recorded around 88% voter turnout, with nearly 98.87% approving the president's policies, though opponents deemed it administratively controlled. 

The 1985 referendum during Ershad's military rule saw 72% turnout, with 94.5% in favour, amid widespread allegations of irregularities. 

The 1991 constitutional referendum, which restored parliamentary democracy, recorded 84% turnout, with 88.5% supporting the change.