July Charter bars court challenges, sets binding reform pledges, ignites debate over state principles

Eight binding commitments, including immunity from judicial review and priority over existing law, feature in the draft sent to political parties

The National Consensus Commission has proposed that the July National Charter, drafted in the wake of the mass uprising, be given full constitutional and legal effect while barring any opportunity to challenge it in court.

The commission has circulated an “integrated final draft” of the Charter to political parties. The draft also demands formal pledges from political parties to guarantee its implementation.

The integrated draft contains the Charter’s background, 84 reform proposals agreed during two rounds of talks, and the pledge document.

It proposes that, even where existing constitutional or legal provisions differ, the stipulations and recommendations of the July Charter will take precedence.

Eight binding pledges accompany the draft, which was sent to parties on Saturday. The draft also states that reforms deemed “immediately actionable” should be implemented by the government without delay and before the next general election.

Ali Riaz, vice-chairman of the commission, told bdnews24.com that parties have until Aug 20 to point out any “errors in wording, grammar or phrasing”. He said the commission would then meet parties again in the final week of the month.

“We will sit once more. We have spoken with experts on implementation. Based on their advice, we hope to meet the parties again in the week beginning 25th or 26th August,” he told bdnews24.com.

The Consensus Commission, headed by Chief Advisor Muhammad Yunus, argues the Charter deserves “special constitutional status and legal protection” to ensure reforms extend beyond the tenure of the interim administration.

PUSHBACK FROM PARTIES

BNP Standing Committee member Salauddin Ahmed confirmed receipt of the draft but declined to comment on its contents or final reforms. Communist Party of Bangladesh (CPB) General Secretary Ruhin Hossain Prince, however, criticised it.

“Looking at the commission’s proposal,” he said: “it feels less like a consensus and more like a special interest group’s proposal.”

Masud Rana, chief coordinator of the Bangladesher Samajtantrik Dal (BaSaD or Socialist Party - Marxist), opposed the bar on court challenges.

“The people have the right to question anything. The draft says no court can question the Charter’s validity, necessity or authority. How is that possible? We cannot accept this,” he said.

Other leftist and smaller parties, including the National People’s Front, also confirmed receipt of the draft.

The draft is divided into three sections: Background – outlining the July Uprising, formation of the Reform Commission and the Consensus Commission, and their activities. Reform proposals – a consolidated list of 84 reforms agreed upon during two rounds of dialogue with political parties. Pledge document – a nine-point declaration requiring commitments from parties and the commission itself.

To justify giving the Charter extraordinary legal status, the document cites earlier constitutional conventions in Bangladesh:

During 1971–72, when no constitution existed, all state actions were later retroactively validated in the 1972 Constitution as a tribute to the martyrs of the Liberation War.

After the 1990 mass uprising, Chief Justice Shahabuddin Ahmed assumed office as vice-president and acting president without a legal framework, but his actions were legitimised on the basis of political consensus.

The draft argues that the 2024 July Uprising similarly reflects the “will of the people” and should be enshrined through the July National Charter 2025.

The pledge document sets out eight binding commitments:

Full implementation of the July National Charter 2025, recognising it as a document of a new political settlement born from decades of struggle, the 2024 uprising, and the sacrifices of thousands.

Incorporation of all Charter provisions into the Constitution, with the Charter’s clauses prevailing over conflicting constitutional or legal provisions.

Vesting ultimate authority for interpreting the Charter in the Appellate Division of the Supreme Court.

Granting the Charter binding constitutional and legal force, with no court permitted to question its validity, necessity or authority.

Enacting constitutional amendments, rewriting provisions, and passing new laws where necessary to implement reforms in governance, justice, elections, public administration, policing and anti-corruption.

Giving constitutional recognition to the democratic significance of the 2024 mass uprising.

Ensuring justice for killings during the uprising, conferring state honours on martyrs, supporting their families, and providing treatment and rehabilitation for the injured.

Implementing immediately actionable reforms before the next general election.

STATE PRINCIPLES CONTROVERSY

The draft also proposes changing the constitutional principles of state policy. It suggests replacing the existing four principles -- nationalism, socialism, democracy and secularism --with: “equality, human dignity, social justice, democracy, religious freedom and harmony”.

The proposal has reignited controversy. Five parties objected during earlier talks, and leftist groups say they may withhold their signatures.

Riaz defended the proposal, saying all but five parties agreed.

“We did not say the old principles were deleted. We proposed that equality, human dignity, social justice, democracy, religious freedom and harmony be listed as the guiding principles of the state.”

But leftist parties have rejected this explanation and accused the commission of “silently dropping” the four core, historic principles and ignoring their notes of dissent.

Masud said, “In effect, they have removed the old principles. The draft even claims 31 parties agreed, but it omits the fact that four of us boycotted the talks and lodged no dissent notes. We will now decide as a party whether to sign.”

Bazlur Rashid Firoz, general secretary of BaSaD, echoed the concern. “In the latest proposal, he said, “what they wrote on the state principles makes no mention of our four left parties’ boycott, nor the notes of dissent from Gono Forum, Nagorik Oikya and several others.

“This is misleading. And if nationalism, socialism, democracy and secularism, the existing principles of the Bangladesh Constitution, are removed, we cannot accept it under any circumstances.