National polls, referendum on same day: CA Yunus
He says necessary legislation will be enacted in due time to facilitate the referendum
Highlights:
- Single 'Yes' or 'No' vote for 4 proposals in referendum
- 100-member upper house based on PR system
- Reform Council to complete constitutional reforms in 180 working days
- Upper house to form within 30 days after finalising constitutional reforms
- Upper house approval needed for constitutional changes
- Opposition to hold deputy speaker, parliamentary committee chairs
The 13th national election and a referendum on proposals made in the July National Charter will be held simultaneously on the same day in the first half of February next year, Chief Adviser Muhammad Yunus has said.
The Advisory Council of the interim government has also approved the July National Charter (Reform of Constitution) Implementation Order 2025, he said during a national address today (13 November).
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He also announced that the next parliament will be bicameral. Besides, if the 'Yes' vote passes in the referendum, a constitutional reform council will be tasked with completing the reforms within 180 days.
In contrast, the consensus commission had earlier proposed a 270-day timeframe to complete the reforms, after which the unimplemented provisions would automatically be incorporated into the Constitution.
The chief adviser in his speech further added that the government is taking all-out preparations to hold the election in a festive atmosphere, alongside the referendum. This arrangement would not hinder the goals of reform, rather, it would make the election process more festive and cost-effective, he said.
Necessary legislation will be enacted in due time to facilitate the holding of the referendum, he added.
The CA addressed the nation after an Advisory Council meeting, which he chaired in the morning, finalised the decisions regarding the July Charter, referendum, election, and other important matters.
His announcement comes amid heightened political tensions over the July Charter's implementation. Besides, the country has also been witnessing a series of bomb explosions, arson attacks, political infighting and gang-related killings, intensifying concerns over law and order.
Today also marked the day of the banned Awami League's planned "Dhaka lockdown," protesting the announcement of the verdict date against ousted prime minister Sheikh Hasina over mass killings during last year's July Uprising. The International Crimes Tribunal-1 has scheduled 17 November for the verdict.
4 key proposals of the referendum
Chief Adviser Yunus in his speech, referring to the July Charter, said the question to be presented on the referendum ballot has already been finalised.
He read the question aloud, "Do you approve the implementation of the July National Charter [Constitutional Reform] Ordinance, 2025, and the following reform proposals recorded in the July National Charter?"
The question will include four key points:
a) During the election periods, caretaker government, election commission, and other constitutional bodies will be formed in accordance with the procedures outlined in the July Charter.
b) The next parliament will be bicameral (two chambers). A 100-member upper house will be formed based on the proportion of votes each party receives in the national election, and any constitutional amendment will require the approval of a majority of upper house members.
c) The political parties have reached a consensus on 30 reform proposals included in the July Charter, covering areas such as increasing women's representation in parliament, electing the deputy speaker and parliamentary committee chairs from the opposition, limiting the prime minister's tenure, enhancing the president's powers, expanding fundamental rights, ensuring judicial independence, and strengthening local government. The winning parties in the upcoming election will be obliged to implement these agreed reforms.
d) Other reforms described in the July Charter will be implemented in line with the commitments made by political parties.
On referendum day, voters will express their opinion by casting a single vote, "Yes" or "No" on all four points combined, Yunus explained.
If the majority votes "Yes," a Constitutional Reform Council will be formed, composed of representatives elected in the upcoming national election. These representatives will serve simultaneously as members of the Parliament, he said.
He further said the council will have 180 working days from its first session to complete the constitutional reforms. Once the reforms are finalised, a 100-member upper house will be constituted within 30 working days, based on the proportional vote share of the political parties.
The tenure of the upper house will be until the last working day of the lower house.
According to the pledge to implement the July National Charter, steps will be taken to incorporate the charter into the Constitution.
EC to decide on referendum after formal govt directive
After the announcement, Chief Election Commissioner AMM Nasir Uddin said they will decide on the referendum only after receiving a formal directive from the government.
However, EC officials said holding both votes simultaneously would have some advantages. It would save time and reduce expenses, as no separate arrangements would be needed.
"Costs could drop by nearly two-thirds since the same polling centres can be used, just by adding extra rooms and one more ballot," an official said.
Debate over constitutional contradiction
President Mohammed Shahabuddin yesterday formally issued the order to implement the July Charter. The order was published in the official gazette on Thursday.
Eminent jurist Shahdeen Malik said most provisions in the gazette contradict the Constitution.
"Under Article 93, the President cannot issue unconstitutional ordinances. A bicameral parliament could also trigger legal complications or even a hung parliament," he told TBS.
He added that since the Constitution remains in force, the President cannot legally sign such a gazette. "It would be valid only if the Constitution were suspended or annulled under martial law. As that hasn't happened, all actions must comply with the existing Constitution."
However, Dhaka University political science professor Sabbir Ahmed said, "Under Article 152, the President may issue an ordinance or order when parliament is dissolved or not in session. Since the interim cabinet has approved it, the order now carries legal force. Similar ordinances were issued by past presidents and chief advisers."
A member of the Constitution Reform Commission, seeking anonymity, echoed this view. "Though the President didn't cite any specific article, the order draws legitimacy from the preamble's reference to the 'expression of the people's supreme will', which embodies sovereign power."
No clarity if 180-day deadline missed
Professor Sabbir Ahmed further said that although the presidential order mentions implementation within 180 working days, it lacks clarity on what happens if the deadline is missed.
He said, "If it's not implemented within the stipulated timeframe, the chances of execution will diminish. A delay would reduce the binding obligation on the then government, meaning the legal foundation would become weaker."
On the issue, the constitution reform commission member, said the 180 days mentioned in the order is not a binding deadline, but rather the tenure of the Constitutional Council.
"Within this period, the Council will complete its work on amending, altering, or adding to the Constitution," he explained. "In other words, it defines the scope of their mandate, not a penal or enforceable obligation."
He added that since the process will be formed through a referendum approved by the people, it will create both a moral and legal responsibility.
Upper house could be positive
On the proposal for a bicameral legislature, Prof Sabbir said it will be a new experience for our politics. If there is trust and understanding among political parties, this system could have a positive impact.
However, in cases of mistrust or intense rivalry, the lawmaking process may fall into a deadlock – as we often see in the United States," he added.
The commission member said the proposed 100 seats in the upper house will establish "oversight balance" to ensure equilibrium in parliamentary politics.
Businesses welcome CA's announcement
Taskeen Ahmed, president of the Dhaka Chamber of Commerce and Industry (DCCI), called the chief adviser's announcement "encouraging".
"Political parties must reach a consensus to hold elections on time; otherwise, the economy will face serious risks," he said.
"Businesses may survive this year, but without improvement, 2026 will be difficult. Once elections are held, investment and business activity, now in decline, should gain momentum."
He also expressed concern over recent arson on vehicles. "These incidents, just as we await the February election, worry foreign investors, many of whom now say they will come only after the election."
Mohammad Hatem, president of BKMEA, said political consensus would positively impact business. "In the current uncertainty, buyers hesitate to place orders or visit. An elected government taking office soon would benefit the business sector," he added.
