The National Consensus Commission is currently evaluating whether to implement the reform proposals of the July 2025 National Charter through a special constitutional order or a national referendum, a decision that could fundamentally reshape Bangladesh’s constitutional and political landscape.
The Commission held detailed talks with representatives of major political parties at the Foreign Service Academy in the capital, where four primary implementation pathways were discussed, distilled from six broader proposals originally submitted by political stakeholders.
Those initial proposals included holding a referendum on the entire Charter or selected sections, enacting reforms via a special constitutional order issued by the President, forming a constituent assembly through fresh elections, empowering the upcoming 13th Parliament to implement the Charter, transforming Parliament into a constitutional reform assembly, or seeking an advisory opinion from the Appellate Division of the Supreme Court under Article 106 to determine whether the interim government possesses the constitutional authority to enact the Charter in full.
An expert panel convened by the National Consensus Commission subsequently reviewed these options and recommended four practical avenues for implementation: issuing presidential ordinances, enacting executive orders, conducting a national referendum, or invoking a special constitutional order.
Speaking to reporters after Thursday’s discussions, NCC Vice Chair Professor Ali Riaz confirmed that all proposals had been formally circulated in writing to ensure political parties could review and compare each other’s positions.
“We’ve shared with every party the full range of proposals we received — so they can see how others are approaching potential solutions,” he said, emphasising transparency in the consultative process.
During the talks, political parties reached a clear consensus on two key points.
First, recommendations that do not require constitutional amendments may be implemented immediately by the interim government through presidential ordinances.
Second, other administrative or regulatory reforms can be enacted through executive orders or rules issued by relevant government authorities. Professor Riaz noted that several such measures have already been quietly implemented. “The government and concerned agencies have already begun implementing non-constitutional elements through appropriate legal instruments. There is clear consensus among parties and alliances that these should proceed without delay,” he said, underscoring broad agreement on expediting reforms that fall outside the constitutional sphere.
The more contentious issue, and the central challenge moving forward, is determining the legitimate and politically acceptable pathway to implement constitutional reforms. These include changes to governance structures, electoral systems, or fundamental rights, which cannot be enacted through ordinary legislation or executive action.
“The question now is: what is the legitimate, acceptable pathway to implement constitutional consensus? We are hopeful progress can be made, and that parties can converge on a solution. With that aim, we will reconvene with political leaders this Sunday,” Professor Riaz added, signalling that further negotiations are imminent.
In a significant procedural step, the NCC has now finalised the text of the July 2025 Charter and will distribute it to all political parties by Thursday evening. Parties have been formally requested to nominate two official representatives by September 13, individuals who will sign the Charter on behalf of their respective organisations, thereby signalling formal political endorsement.
This move is widely interpreted as a litmus test of cross-party commitment to the reform agenda, and a crucial step towards institutionalising the proposed changes.
Analysts note that the Commission’s consideration of a referendum or special constitutional order reflects a delicate balancing act: how to enact transformative reforms without triggering a constitutional crisis or accusations of overreach by the interim administration.
A referendum would confer democratic legitimacy but carries the risk of deepening political polarisation. A special constitutional order, likely requiring presidential authority and potentially judicial validation, could expedite reform but may invite legal and political challenges.
With parties now being asked to formally affix their signatures to the Charter, the coming days will reveal whether Bangladesh’s often-fractured political landscape can coalesce around a shared constitutional vision — or whether deeper divisions remain beneath the surface of apparent consensus.
Source: UNB