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Political parties at the dialogue with the National Consensus Commission have agreed that the cabinet approval should be added instead of the Prime Minister's signature to declare a state of emergency.
The Leader of the Opposition or, in his/her absence, the Deputy Leader of the Opposition should be included in the cabinet meeting regarding the declaration of a state of emergency.
National Consensus Commission Vice-Chairman Prof Ali Riaz said this while briefing journalists after the 12th day of the second phase of the discussion of political parties with the Commission held at the Foreign Service Academy in the city.
In addition, during the state of emergency, the fundamental rights of a citizen, including the right to life and the right to trial and punishment as mentioned in the Article 35 of the existing Constitution, cannot be curtailed, subject to the provisions of the Article 47 (Ka), he added.
Prof Riaz said that a consensus was established at Sunday's meeting on the proposal to add some specific items to the existing Article 141 (Ka) of the Constitution regarding the declaration of a state of emergency.
The items are that during the amendment to the Article 141 (Ka), the words "internal disturbances" will be replaced with the words "threat to state independence, sovereignty, state integrity or epidemic or natural disaster", according to the Commission leader.
Earlier on July 7, all political parties and alliances in discussion with the Commission agreed to amend the Article 141 (Ka) of the existing Constitution and ensure that the declaration of a state of emergency is not misused as a political tool.
At that time, Prof Riaz said that political parties and alliances agreed to add some things to the existing Article 95 of the Constitution regarding the appointment of the Chief Justice.
At Sunday's discussion, they also discussed -- what needs to be added in case the President appoints the senior-most judge of the Appellate Division as the Chief Justice.
However, if a political party or alliance gets people's mandate by mentioning it in their election manifesto, they can add a provision in the Constitution that the President can appoint anyone of the two senior-most judges of the Appellate Division as the Chief Justice.
However, it is provided that if an investigation process is underway against a judge under the Article 96 of the Constitution due to allegations of misconduct and incompetence, he/she cannot be appointed as the Chief Justice.
BNP Standing Committee member Slahuddin Ahmed who led the BNP delegation at the meeting said that they agreed on reducing unlimited power of the President, including appointing Chief Justice.
He also said, "We suggested including the provision to select among two senior most judges to the position of the Chief Justice if any issues arise against the senior-most justice."
The whole nation is united on restoration of the caretaker government system but there was discussion on possibilities to appoint the chief adviser of the interim administration from outside the judiciary.
Representatives of 30 political parties, including the Bangladesh Nationalist Party (BNP), Bangladesh Jamaat-e-Islami, and National Citizen Party (NCP), participated in the discussion with the National Consensus Commission.