Tuesday, 15 July, 2025
Political parties have reached consensus on two key constitutional reform proposals—the promulgation of a state of emergency and the appointment procedure of the Chief Justice—marking what the National Consensus Commission (NCC) described as “significant progress” in the ongoing dialogue on state reforms.
The agreement came on Sunday, during the 12th day of the second round of reform talks at the Foreign Service Academy in Dhaka.
“The political parties today, in principle, agreed on two important issues. We, the National Consensus Commission, consider this a major step forward in building national consensus on critical reforms,” said Prof Ali Riaz, Vice Chair of the NCC, at a press briefing.
Although the issue of a caretaker government was also discussed, it remained unresolved and will be revisited on Tuesday, he added.
Consensus was reached on a proposal to amend Article 141A of the Constitution, aiming to prevent the misuse of emergency powers for political purposes.
Under the existing provision, the President may proclaim a state of emergency if satisfied that the security or economic life of Bangladesh—or any part of it—is threatened by war, external aggression, or internal disturbance, subject to counter-signature by the Prime Minister.
Under the new proposal:
A Proclamation of Emergency may be issued for 90 days, instead of 120.
The vague term “internal disturbance” would be replaced with more specific language: threats to the independence, sovereignty, or territorial integrity of the state.
The Cabinet, rather than the Prime Minister alone, must approve the Proclamation.
The Leader of the Opposition, or in their absence, the Deputy Leader, will be invited to the Cabinet meeting where the emergency decision is made.
The state of emergency may be extended once, for an additional 30 days.
Two fundamental rights—the right to life and protection from torture, persecution, or cruel, inhumane or degrading treatment—will remain inviolable, even under emergency rule.
The political parties also agreed to amend Article 95(1) of the Constitution, which currently gives the President the discretion to appoint the Chief Justice.
Under the proposed reform:
The most senior justice of the Appellate Division shall be appointed as the Chief Justice.
However, if a political party declares in its election manifesto that the Chief Justice will be appointed from among the top two senior-most justices, the Constitution may allow such flexibility.
The consensus emerged following earlier proposals from various parties. Jamaat-e-Islami and the National Citizen Party (NCP) had advocated for seniority-based appointments, while BNP initially proposed choosing from the top three senior judges, later revising its position to the top two.
BNP Standing Committee Member Salahuddin Ahmed, Jamaat-e-Islami Nayeb-e-Ameer Syed Abdullah Muhammad Taher, and other party leaders confirmed the agreement during post-discussion briefings.
Salahuddin Ahmed said, “All parties previously expressed support for amending Article 141A to ensure emergency powers are not used as political weapons. The term ‘internal disturbance’ is ambiguous and prone to abuse. Replacing it with 'threats to sovereignty, independence, or national integrity—or emergencies like epidemics or natural disasters—would make the provision more precise and protective of citizens’ rights.’”
Regarding judicial appointments, he noted that BNP initially proposed the Chief Justice be appointed from among the top three senior judges of the Appellate Division but later narrowed it to the top two, in the interest of consensus.
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Political parties have reached consensus on two key constitutional reform proposals—the promulgation of a state of emergency and the appointment procedure of the Chief Justice—marking what the National Consensus Commission (NCC) described as “significant progress” in the ongoing dialogue on state reforms.
The agreement came on Sunday, during the 12th day of the second round of reform talks at the Foreign Service Academy in Dhaka.
“The political parties today, in principle, agreed on two important issues. We, the National Consensus Commission, consider this a major step forward in building national consensus on critical reforms,” said Prof Ali Riaz, Vice Chair of the NCC, at a press briefing.
Although the issue of a caretaker government was also discussed, it remained unresolved and will be revisited on Tuesday, he added.
Consensus was reached on a proposal to amend Article 141A of the Constitution, aiming to prevent the misuse of emergency powers for political purposes.
Under the existing provision, the President may proclaim a state of emergency if satisfied that the security or economic life of Bangladesh—or any part of it—is threatened by war, external aggression, or internal disturbance, subject to counter-signature by the Prime Minister.
Under the new proposal:
A Proclamation of Emergency may be issued for 90 days, instead of 120.
The vague term “internal disturbance” would be replaced with more specific language: threats to the independence, sovereignty, or territorial integrity of the state.
The Cabinet, rather than the Prime Minister alone, must approve the Proclamation.
The Leader of the Opposition, or in their absence, the Deputy Leader, will be invited to the Cabinet meeting where the emergency decision is made.
The state of emergency may be extended once, for an additional 30 days.
Two fundamental rights—the right to life and protection from torture, persecution, or cruel, inhumane or degrading treatment—will remain inviolable, even under emergency rule.
The political parties also agreed to amend Article 95(1) of the Constitution, which currently gives the President the discretion to appoint the Chief Justice.
Under the proposed reform:
The most senior justice of the Appellate Division shall be appointed as the Chief Justice.
However, if a political party declares in its election manifesto that the Chief Justice will be appointed from among the top two senior-most justices, the Constitution may allow such flexibility.
The consensus emerged following earlier proposals from various parties. Jamaat-e-Islami and the National Citizen Party (NCP) had advocated for seniority-based appointments, while BNP initially proposed choosing from the top three senior judges, later revising its position to the top two.
BNP Standing Committee Member Salahuddin Ahmed, Jamaat-e-Islami Nayeb-e-Ameer Syed Abdullah Muhammad Taher, and other party leaders confirmed the agreement during post-discussion briefings.
Salahuddin Ahmed said, “All parties previously expressed support for amending Article 141A to ensure emergency powers are not used as political weapons. The term ‘internal disturbance’ is ambiguous and prone to abuse. Replacing it with 'threats to sovereignty, independence, or national integrity—or emergencies like epidemics or natural disasters—would make the provision more precise and protective of citizens’ rights.’”
Regarding judicial appointments, he noted that BNP initially proposed the Chief Justice be appointed from among the top three senior judges of the Appellate Division but later narrowed it to the top two, in the interest of consensus.
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