JaSaD says only fully agreed reforms should be included in July Charter

The party has firmly opposed placing the Charter above the Constitution or denying citizens their right to judicial redress

Bangladesh Jatiya Samajtantrik Dal (JaSaD) has said that only reforms agreed upon with full consensus should be included in the July National Charter, and signatures from political parties should be taken based solely on that commitment.

The party submitted its opinion on the final integrated draft of the Charter to the National Consensus Commission.

JaSaD added that reforms deemed immediately executable could be implemented right away through government orders or presidential ordinances.

The party, however, strongly objected to giving the July Charter any status above the Constitution.

If anyone feels aggrieved by the Charter, they must not be deprived of their right to seek legal remedy, it said.

The party also supports that any constitutional amendments should be passed by an elected parliament and, if formed, an upper chamber.

JaSaD outlined its position in a media statement issued on Friday following its submission to the commission.

The statement also criticised the Charter's background section for not giving due importance to the 23-year struggle against Pakistani colonial rule and the Liberation War.

It said the document also failed to acknowledge the resistance of students, workers, professionals and the public against military rule in post-independence Bangladesh.

JaSaD added that the Charter presents a one-sided narrative, omitting the authoritarian behaviour, killings and grenade attacks linked to the two political parties that led the country after the 1990s.

It also noted a tendency in the document to “undermine” the mandate of the 2008 general election.

The party said its stance was only partially reflected in the section titled “issues agreed upon through consensus”.

It reiterated its call, first raised during the second phase of talks, to exclude state principles from the Charter, adding that this is not a subject that can be accepted with dissent.

JaSaD expressed strong opposition to repealing Article 7 “Ka” of the Constitution, which it considers vital for preventing unconstitutional grabs for power.

It said a Constituent Assembly and referendums for constitutional change were unnecessary, and rejected the proposal to repeal Article 150(2) and remove the Fifth, Sixth and Seventh Schedules from the Constitution.

The party also warned that excluding historic references such as Bangabandhu Shiekh Mujibur Rahman’s 7 March speech and the 26 March Declaration of Independence from the Constitution would be a direct affront to the country’s Liberation War.

JaSaD also opposed reviving the 13th Amendment to reintroduce a caretaker government system, arguing that it could compromise the independence and neutrality of the judiciary.

The party called for 100 parliamentary seats to be reserved for women, but insisted that these must be filled through direct elections. It said it disagreed with the Consensus Commission’s decision on the matter.

JaSaD’s remarks are part of feedback submitted by 24 political parties on the draft of the July Charter, which was prepared based on the state reform dialogue.

Parties were initially asked to send their views by Aug 20, but the deadline was extended by two days to 3pm on Aug 22.

Following the submissions, another round of talks between the commission and political parties is scheduled for Aug 26–27 to review the final draft.

The version sent to parties proposed making the Charter “legally and constitutionally” enforceable, while also recommending that its provisions should not be open to challenge in court.