The National Consensus Commission is preparing an integrated draft of the July National Charter, giving it special status and legal authority over existing laws and even court rulings. The updated draft incorporates feedback from two rounds of discussions with political parties and proposes 82 reform measures alongside concrete commitments.
According to the draft, the Charter will be considered the “clear and supreme expression of the people’s universal will,” and in cases where any of its provisions conflict with the Constitution, existing laws, or judicial verdicts, the Charter will take precedence. A special constitutional mechanism will be established to ensure this priority, and the legality of the Charter cannot be challenged in court.
Key Changes in the Integrated Draft
The initial draft required parties to commit to implementing the reforms within two years of forming the next government. While the BNP supported this, Jamaat-e-Islami, the National Citizen Party (NCP), and others objected, demanding a legal framework and a defined implementation process. In the integrated draft, the two-year timeline has been dropped.
The new draft also specifies which of the 82 proposals have consensus, which have dissent, and the degree of agreement.
Legal and Constitutional Considerations
The Commission is reviewing legal pathways to ensure the Charter’s enforceability. One option is to issue a presidential ordinance; however, under Article 93 of the Constitution, ordinances cannot amend constitutional provisions and must be approved by Parliament within 30 days. The Commission is exploring mechanisms to prevent the Charter’s provisions from lapsing even without parliamentary approval.
Commitments in the Integrated Draft
Political parties signing the Charter will commit to:
- Ensuring full implementation of the July National Charter.
- Assigning the Supreme Court authority to resolve disputes over interpretation and application.
- Continuous struggle for the establishment of democracy.
- Recognizing the 2024 mass uprising in the Constitution.
- Ensuring justice for killings during the uprising, granting state honor to martyrs, and providing medical care and rehabilitation for the injured.
- Taking immediate steps to implement recommendations feasible before the next election.
The 82 Reform Proposals
The reforms originate from two phases of party discussions:
- First Phase (62 proposals): Local government elections, creation of District Coordination Councils, bringing political parties under the Right to Information Act, reforms in Supreme Court appointments, establishment of a Supreme Court Secretariat, a permanent Attorney Service, a judicial conduct code, an independent inquiry commission on genocide and electoral fraud, amendments to the Right to Information Act, anti-corruption strategy formulation, election financing transparency, and changes in the Anti-Corruption Commission’s appointment process and the Income Tax Act.
- Second Phase (20 proposals):
- Full consensus on 11: Parliamentary standing committee chairmanships, constituency boundary demarcation, presidential pardon powers, decentralization of the judiciary (including Supreme Court and subordinate courts), emergency powers, chief justice appointment, constitutional amendments, prime ministerial term limits, election commission formation, police commission establishment, and expansion of fundamental rights.
- Consensus with dissent on 9: Amendment of Article 70, holding multiple offices by the prime minister, appointments to the Public Service Commission, CAG, ACC, and Ombudsman, women’s representation in Parliament, bicameral legislature, presidential election method, caretaker government system, state principles, and presidential powers.
The Commission aims to finalize and distribute the integrated draft to political parties by Friday morning after final legal review and possible adjustments.
