Govt to pursue July Charter even without opposition: Home minister

Home Minister Salahuddin Ahmed today (13 October) said that the government will continue with plans to implement the July National Charter even if opposition parties refuse to participate in constitutional reform discussions, reiterating that the government prefers to reach a consensus across political parties.

"We want the ruling party, opposition and everyone else to adopt constitutional amendments collectively through consensus. We have repeatedly called on the opposition to join the discussions. But if they refuse altogether, we will still have to proceed with constitutional amendments. This is the expectation of the nation, and implementing the July Charter is our commitment," he said.

Salahuddin, who chairs the special committee on constitutional amendments, made the remarks while briefing journalists at the parliament's media centre today (13 October), following the committee's seventh meeting at the Jatiya Sangsad Bhaban.

The meeting was attended by committee members, including Chief Whip Nurul Islam Moni, Law Minister Md Asaduzzaman, MP Zainul Abedin, State Minister for Planning Md Zunaid Abdur Rahim Saki, State Minister for Expatriates' Welfare and Overseas Employment Md Nurul Haque, State Minister for Land Mir Mohammad Helal Uddin, State Minister for Social Welfare Farzana Sharmin and MP Md Mahmudul Haque Rubel.

Salahuddin said the July National Charter had been drafted through discussions and consensus under the National Consensus Commission, chaired by former chief adviser Professor Muhammad Yunus, with Professor Ali Riaz as its vice-chairman.

The government is now working to implement the charter, he said, adding that opposition parties had been invited to nominate representatives to the special committee. Parties that nominate representatives will be given opportunities to take part in the discussions.

He said opposition parties had been invited to participate in every meeting, including parliamentary sessions, and could also submit written opinions. He expressed hope that opposition lawmakers would contribute when the constitutional amendment bill is placed before parliament after the committee finalises its report.

Committee reviews key constitutional reforms

Vice-chancellors of several universities, national professors, former vice-chancellors, academics and intellectuals attended the committee meeting.

Describing the discussions as important and informative, Salahuddin said several participants had submitted written statements, while others had pledged to send their opinions within the next two weeks.

The discussions covered ways to incorporate the July National Charter into different parts of the Constitution, procedures for constitutional amendments, the caretaker government system, judicial independence and jurisdiction, the fundamental principles of state policy, and ways to clarify and strengthen popular sovereignty.

Amendment procedure under review

Salahuddin said participants had offered their views on Article 142 of the Constitution, which governs the amendment process.

The referendum provisions were abolished through the 15th constitutional amendment. Participants also discussed how subsequent changes resulting from court rulings on the issue could be addressed through the legislature.

Several alternative proposals were considered to ensure that future constitutional amendments would be neither excessively rigid nor overly flexible, he said.

Caretaker government system debated

Participants also discussed the formation of a caretaker government and possible alternatives.

During the drafting of the July National Charter, there had been consensus on removing a provision that made the president the final option in the selection process.

If consensus could not be reached on the earlier alternatives, participants discussed whether the judiciary could serve as the final option. However, the committee has yet to receive detailed written proposals on the matter, Salahuddin said.

Judicial independence and parliamentary structure

The committee discussed the judiciary's authority to interpret the Constitution and its jurisdiction over questions concerning the Constitution's basic structure.

Salahuddin said the discussions focused on safeguarding judicial independence while preventing any branch of the state from exercising undue authority over another. Participants are expected to submit further written opinions on these issues.

On the fundamental principles of state policy, participants considered whether some principles could be incorporated into the fundamental rights section of the Constitution to make them enforceable.

Academics also proposed ways to make the concept of popular sovereignty clearer and more coherent in the section dealing with the republic.

The possibility of introducing a bicameral parliament, including an upper house, was also discussed.

Participants exchanged views on which groups or geographical areas should be represented in the upper house, how its members should be elected, whether representation should be based on districts, and whether proportional representation (PR) should be used.

The committee will review the written proposals before holding further discussions, Salahuddin said.

Lawyers and constitutional experts to be consulted

The committee is tentatively planning a day-long discussion with representatives of the Supreme Court Bar Association, prominent lawyers and constitutional experts on 24 October.

The session is intended to allow participants to present their views in full, have their statements recorded and give the committee sufficient time to examine their proposals in detail.