Parties split over legal basis for July Charter at Consensus Commission talks

Jamaat-e-Islami, along with other parties, have backed four proposals from the National Consensus Commission to give the July Charter a legal foundation, while leaders of Gono Forum and left-leaning parties opposed them.

The matter came up on Thursday during talks between the commission and political parties at the Foreign Service Academy in Dhaka.

The commission’s options for implementation included:

A referendum on the charter or parts of it

Implementing it through a special constitutional order under the president’s executive powers

Forming a constituent assembly between elections to make necessary constitutional arrangements

Ratification by the elected representatives of the 13th parliament

Parliament functioning as a constitutional reform assembly to incorporate the charter into the constitution

Seeking the opinion of the Appellate Division of the Supreme Court through the president under Article 106 on whether the interim government can implement the charter.

The expert panel initially recommended five possible methods, but after detailed discussions, it advised that the matters included in the July Charter, also known as the National Charter, including dissenting notes, be implemented in four ways: ordinance, executive order, referendum, and special constitutional order.

The Jamaat-e-Islami, however, put forward an additional proposal of its own.

During a break in the meeting, Jamaat deputy chief Syed Abdullah Muhammad Taher said: “The commission has given four alternative proposals for implementing the July Charter. Jamaat has chosen one specific proposal. We hope that within these five proposals we can come to an understanding and the July Charter will gain a legal basis. The election in February will be held on the basis of the July Charter.”

Explaining Jamaat’s proposal, lawyer Shishir Monir said: “We have suggested issuing a special constitutional order to implement the July Charter. That is, on matters where the Consensus Commission has reached agreement but which conflict with the Constitution, those would be given precedence through a special constitutional order. In other cases, the Constitution will remain as it is.

“After a mass uprising, there is no scope to follow constitutional procedures in the system of government. Out of 153 articles of the Constitution, 57 have already become ineffective. That is why we proposed issuing a new constitutional order, under which a special constitutional law would take precedence over the Constitution and would be effective from the 5^th of August.”

Taher added: “We have proposed the referendum as an alternative option. If the July Charter is not implemented through a special constitutional law, then it should be done by referendum.”

Gono Forum, however, opposed the idea.

General Secretary Mizanur Rahman told bdnews24.com: “We have said that this government was formed under the existing Constitution. Therefore, on any constitutional matter, there is no alternative outside parliament. Not even a referendum is possible unless parliament amends the constitution first.

“Some matters may be implemented with an ordinance. We will sign the July Charter if there is a commitment that in the next parliament these will be implemented, and that ordinances will be issued where possible. But the entire July Charter cannot be given legal basis.”