July charter implementation: Parties sharply split over referendum timing

While the BNP and its allies proposed holding the referendum on the same day as the next general election in February 2026, the Jamaat-e-Islami, the National Citizen Party (NCP), and several others insisted it be held earlier, preferably by November.

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As the meeting, which began in the afternoon and continued until 11:15pm, concluded without a consensus, commission members said they would now prepare a proposal package for the interim government based on the opinions of both political parties and constitutional experts.

The commission's term ends on October 15, and it plans to submit its final report, including the completed charter, to Chief Adviser Muhammad Yunus by next Sunday. A signing ceremony for the charter is expected before the commission's term expires.

After the meeting, Commission Vice-President Prof Ali Riaz told reporters that experts made five key recommendations, including a special order to implement the charter; a referendum under that order; and two questions on ballot to reflect both agreement and dissent.

The experts also recommended elections to both a Constitution Reform Assembly and the next parliament. They said the approved reforms from the charter must be incorporated into the constitution within a fixed timeframe.

Riaz added that the commission would finalise its advice within one or two days and send it to the government while informing all participating parties.

Earlier in the day, the commission also held a two-hour consultation with constitutional experts, who warned that holding the referendum under an ordinance could create legal complications since such ordinances expire if not passed within 30 days of parliament's first session.

They instead advised holding the referendum under a July Charter Implementation Order and empowering the next parliament as a Constitution Reform Assembly, which they called the most sustainable solution.

One of the experts, requesting anonymity, told this newspaper, "At first, it seemed easier to hold the referendum and election together, but now many think it could make things complicated. We are leaving the matter to the government."

He added that the referendum might also include multiple questions to capture areas of disagreement, along with the main question on implementing the charter.

According to commission sources, the body will hold an internal meeting today to finalise its written recommendations to the government on implementing the July Charter.

'ON ELECTION DAY'

BNP Standing Committee member Salahuddin Ahmed reiterated his party's stance that the referendum should coincide with the national election.

"The constituent power of the July Charter comes from the people, and the referendum will be the way to exercise that power," he said.

"If the people approve the charter through the referendum, the next parliament will be responsible for implementing its provisions. The people's approval through the referendum will create a binding mandate for parliament."

Salahuddin said holding the referendum before the election would be impractical, costly, and could delay the polls. "People can vote with separate ballots on the same day -- it's not new in our voting culture," he said.

He warned that requiring implementation of the charter in the first parliamentary session could create complications, suggesting the phrase "as soon as possible" to give lawmakers time for legal and procedural reforms.

He added that the idea of forming an upper house could be considered only after the charter's approval.

On dissenting opinions, Salahuddin said, "Even if there are disagreements or objections, those will be part of the referendum. If any party wins the people's mandate later, it can act according to its own position."

He also proposed that each political party include in its election manifesto a pledge to act on its dissenting points if it wins a mandate.

'REFERENDUM FIRST'

Jamaat's representative Shishir Monir said a Special Constitutional Order -- the July Charter Implementation Order -- is essential.

"The order will specify the referendum and include the full text of the July Charter. Under this order, the referendum will be held. The next parliament will have two powers: one as a regular parliament and another as a constituent assembly. The first session will have constituent power, and from the second session onward, it will function as a regular parliament," he said.

He added that the referendum should be held before the national election, possibly in the first week of November if decided soon.

NCP Joint Convener Javed Rasin echoed that position, saying, "Reforms should not be done in a way that could later be challenged or cancelled. We must focus on making them sustainable."

He warned that holding the referendum on the same day as the election would make it lose importance.

"The July Charter Implementation Order should decide whether the charter will be implemented, and the next parliament must be given special constituent powers since the basic structure of the constitution is being touched," he said.

Another NCP Joint Convener, Sarwar Tusher, said if the parties could reduce their "notes of dissent" -- for example, if Jamaat dropped its demand for proportional representation in the lower house and BNP accepted it for the upper house -- it could serve as a good compromise.

OTHER VIEWS

Parties and alliances, including Ganatantra Mancha, the 12-Party Alliance, CPB, BSD, Bangladesh JASAD, and LDP supported holding the referendum on the same day as the national election.

The Ganatantra Mancha proposed holding it under a July Charter Implementation Order, with the next parliament's first session named the "Constitution Reform Assembly", where dissent issues would be resolved through discussion.

CPB, BSD, and their allies proposed holding the referendum under the 1991 Referendum Act instead of issuing a new order, while BNP-aligned parties preferred using an ordinance and letting the regular parliament settle constitutional issues later.

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Daily Star | October 09, 2025