July Charter outlines presidential removal, pardons, key appointments

The National Consensus Commission has finalised the draft of the July Charter following extensive consultations with the country’s political parties.

According to the draft, the President may be impeached on grounds of treason, serious misconduct, or violation of the Constitution. An impeachment motion must first be passed by a two-thirds majority in the lower house of Parliament before being forwarded to the upper house. The impeachment process will be completed with a two-thirds majority vote in the upper house following a formal hearing. A total of 28 parties and alliances have endorsed this proposal.

Details of the draft, which was circulated to political parties on Saturday (16 August), also outline the President's power to grant pardons. The President will have the authority to grant reprieves, respites, and remissions of punishments awarded by any court, tribunal, or authority, and may remit, suspend, or reduce any sentence. However, this power must be exercised in accordance with standards, principles, and procedures established by law. Importantly, the relevant law will include a provision requiring the consent of the complainant or the victim’s family before such an application can be considered. This proposal has been supported by 29 parties and alliances.

Regarding the presidential election process, the draft proposes that the President of Bangladesh be elected by a majority vote through a secret ballot by members of both houses of Parliament, in accordance with the law. Additionally, any presidential candidate must not hold any position in the state, government, political parties, or any other organization at the time of nomination.

To ensure a balance of power between the President and the Prime Minister, and to enhance the authority of the President, an amendment to Article 48(3) of the Constitution has been proposed. Under this amendment, the President would be empowered to appoint the following positions independently, without any advice or recommendation:

1. Chairman and members of the National Human Rights Commission

2. Chairman and members of the Information Commission

3. Chairman and members of the Bangladesh Press Council

4. Chairman and members of the Law Commission

5. Governor of Bangladesh Bank, Chairman and members of the Energy Regulatory Commission

This proposal has received support from 31 parties and alliances. However, a note of dissent was recorded from the following parties regarding items 5 and 6: the BNP, NDM, Jamiat Ulema-e-Islam, Bangladesh Labour Party, the 12-party alliance, and LDP.