Referendum may halt Bangladesh’s constitutional continuity, experts warn

A referendum to elicit public consent in favour of a complicated reform package of Muhammad Yunus’ Interim Government may threaten the foundational history and bring an end to the continuity of post-independent Bangladesh’s 1972 Constitution, experts said on Thursday. Voting for the 13th parliamentary elections are being held along with a referendum on a complex 84-point reform package on Thursday. The referendum seeks people’s consent to the reform proposals called ‘July National Charter 2025,’ which Yunus announced on October 17 after protracted consultations between the political parties and the National Consensus Commission that he heads.

The referendum ballot features a single question covering four major reform areas of the July Charter and the voters are instructed to vote ‘yes’ if they agree more strongly with the proposals and ‘no’ if they disagree. “The completed proposals charted out in the referendum being held simultaneously with Thursday’s general election appears largely esoteric,” political analyst and playwright, Iraj Ahmed said. He said most voters are “uninformed” about the long 84-point reform package, which was presented in a concise way through four questions in the referendum sheet.

“If it is passed, Bangladesh’s almost 55 years of constitutional continuity will virtually come to an end,” he said. The 1972 Bangladesh Constitution was amended 17 times so far but critics said this time, there are a number of proposals sought to overturn the basic constitutional principles and “settled issues” to build Yunus’ promised new Bangladesh. Prominent lawyer and constitution expert Tania Amir said referendum and constitutional reforms threatened Bangladesh’s foundational history and legal legacy virtually “voiding our history” and largely demeaning the legal foundation of Bangladesh’s 1971 independence.

“The 1972 Constitution is the legal backbone of Bangladesh. Attempts to scrap it mean questioning the very legal basis of Bangladesh as a State,” leading jurist and lawyer Swadhin Malik said. In a nationwide address, Yunus on February 9 made a clarion call seeking “yes” vote for his proposed reform package in the February 12 Thursday’s referendum being held simultaneously with the general elections.

“If the ‘Yes’ vote wins in the referendum, Bangladesh’s future will be built in a more positive way,” Yunus said while addressing senior secretaries and top bureaucrats late on Monday night as electioneering ended 48 hours ahead of the polls. Announcing the charter last year, Yunus had said it represented a move toward a “civilised society from barbarism.”

However, several jurists, including senior lawyer Mohsin Rashid, also questioned the legitimacy of the referendum itself since the Bangladesh Constitution has no provision for such a plebiscite even when the Government got the proposal signed by President Mohammed Shahabuddin and subsequently issued an official gazette.

Analysts such as foreign relation expert and former ambassador Mahfuzur Rahman said the four issues recognising the 84-points were not elaborated enough for many voters to clearly understand what changes would occur if the people vote “Yes,” and which changes would not occur if people vote “No.” Law professor Malik and other critics said “yes/no” voting in the dual election could appear difficult for voters to make their choice over the charter containing multiple complex reforms and even informed voters might support some changes but oppose others.

The referendum sought to obligate the next Government to implement the charter, thus legitimising the interim regime, they said. Yunus took oath as the Chief Adviser three days after a student-led street protest, dubbed July Uprising, toppled the then prime minister Sheikh Hasina’s Awami League Government on August 5, 2024. “Most of the decisions taken in the July Charter, including those in the gazette, are contrary to the current Constitution,” Malik said.

Since the Constitution is still in force, the President cannot legally sign this gazette, he said, adding, it could have been acceptable if the Constitution was annulled or suspended under martial law. Another law professor SM Masum Billah said that out of the 84 reform proposals mentioned in the July Charter, 47 are constitutional amendments, while 37 are to be implemented through ordinary legislation or executive orders.

The Government initially proposed that if a political party had a note of dissent on certain proposals, that party would not be obligated to implement those proposals if it came to power. But after failing to reach a resolution on this issue, the Government ultimately decided to hold the referendum.

“If “yes” wins in the referendum, the next parliament will be obliged to implement the package that included establishment of a bicameral parliament instead of an existing one legislature in the unitary form of Bangladesh’s political system,” Barrister Amir said.

How can a “sovereign parliament” be obligated to implement the interim Government desire when the Constitution did not have any provision of such a referendum while the Government was oath bound to the Constitution, Amir questioned. Experts said if “No” won, there would be no obligation to implement the July Charter.

The July Charter’s key-author and co-chair of the National Consensus Commission Ali Reaz said if “Yes” wins, the next parliament will serve as a constitutional reform council, virtually a Constituent Assembly, and within 180 working days, they would have to take steps to carry out constitutional reforms as proposed. Polling agents from different parties and people stand outside and wait for the opening of a polling center to cast their votes during parliamentary national election in Dhaka.