Consensus Commission recommends July Charter referendum. Then what?
Consensus commission recommends interim government immediately issue July National Charter (Constitutional Reform) Implementation Order, 2025.
Highlights
- Constitution to be amended within 270 days of the new parliament
- A Constitution Reform Council to carry out the reforms
- Constitution Reform Council will consist of elected members of parliament
- Referendum to approve July Charter before or on election day
- Constitution Reform Council will not be formed if 'No' wins in referendum
- Reform Council's tenure will end once constitution reform is completed
- Constitutional reform to take effect automatically if delayed beyond 270 days
The next parliament will also serve as the Constitutional Reform Council and have 270 days to complete constitutional reforms in line with the July National Charter proposals passed by a referendum, the National Consensus Commission has recommended.
Failure to do so within the stipulated timeframe would trigger automatic enactment of the referendum-approved bill on the constitutional reforms. The referendum will be held before or on the day of the national election.
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According to the commission's recommendation, the next Jatiya Sangsad (JS) would function as the Constitution Reform Council and enforce its constituent power, and also carry out the routine parliamentary tasks. Elected lawmakers will serve as members of both the council and parliament.
The commission vice-chairman, Prof Ali Riaz, mentioned these recommendations said while speaking to reporters at the Foreign Service Academy in Dhaka today (28 October).
His statements came following the submission of the commission's final recommendations on the implementation of the charter to Chief Adviser Muhammad Yunus, also the chief of the commission.
Riaz said the commission has recommended that the interim government immediately issue the July National Charter (Constitutional Reform) Implementation Order, 2025. The commission has also proposed that this order be immediately published in the government gazette for its enforcement.
Read the full text of the proposed order here
Riaz said the commission has proposed two options for the task of constitutional reforms: it must be completed within 270 days, or if a referendum approves the relevant bill on constitutional reforms but the council fails to implement it within that timeframe, the bill would be automatically passed after 270 days.
He added that the commission has made specific recommendations on 48 constitutional issues to establish legal grounds and a clear implementation roadmap.
The government, he said, now has two options before it.
Riaz said the commission has urged the government to immediately issue a charter implementation order and then hold a referendum based on that order.
Regarding the referendum, he said the public would be asked whether they agree with the proposed amendments in the 48 articles included in the July Charter.
He further noted that after the 13th general election, the new parliament would operate simultaneously as a constitution reform council – with a 270-day tenure – and the national parliament.
Once the necessary constitutional amendments, additions and deletions are made, parliament must approve them, after which the council's tenure would end, he added.
On the formation of an upper house, Ali Riaz said that, based on the recommendations of the Constitution Reform Commission, the Electoral Reform Commission and the National Consensus Commission, it has been proposed that the upper house be formed through proportional representation based on the popular vote.
If the proposal receives public approval, the upper house formation must be implemented within 45 days of the general election, he added.
Riaz went on to say that, for the first time, political parties have been "waived" from the requirement to publish candidate lists for the upper house in advance.
"Our second alternative proposal is that the government issue a July Charter Implementation Order, under which a referendum will be held. However, in that order, all 48 constitution-related issues will be presented together in the form of a single bill for the referendum.
"If the bill is approved in the referendum, and the constitution reform council fails to complete its assigned tasks within 270 days, the corresponding constitutional amendments will automatically be incorporated into the constitution."
Ali Riaz expressed hope that the next parliament would fulfil its assigned responsibilities within the 270-day timeframe, so that automatic approval is not necessary.
He also mentioned that members of parliament would take two separate oaths: one as members of the constitution reform council and another as members of parliament, with the speaker presiding over both.
Earlier today, the commission submitted its recommendations on the implementation of the July National Charter to Yunus, a day after its closing meeting.
Previously, members of the commission arrived at the state guest house Jamuna, the official residence of the chief adviser, to formally submit their recommendations to the interim government.
The handover ceremony took place there in the presence of members of the Advisory Council.
The commission held its closing meeting yesterday at Jamuna, chaired by Chief Adviser Muhammad Yunus.
The July National Charter 2025 was signed on 17 October amid a boycott by several political parties, including the National Citizen Party (NCP).
Yunus, members of the National Consensus Commission and leaders of different political parties signed the charter at the South Plaza of the Jatiya Sangsad Bhaban in Dhaka.
