No clear path to settling Constituent Assembly debate but a vote within a vote may hold the key

An expert says separate ballots for views on whether Constituent Assembly is needed during the general election could be a solution

Seven months have passed since the July Uprising reshaped Bangladesh’s political landscape, yet the nation’s trajectory remains uncertain, caught between reform efforts and calls for a general election.

Amid the political drift, the students who once formed the frontline of the uprising have introduced a bold new element to the discourse.

The National Citizen Party, driven by their momentum, is now pushing for a National Constituent Assembly election—arguing that it could be held alongside the general elections.

However, the BNP, a key player in Bangladesh’s democratic transition, stands firmly opposed.

The party insists that parliamentary elections should take precedence, with an elected government overseeing the necessary reforms.

The debate over sequencing—whether general elections or local government polls should come first—has unexpectedly propelled the Constituent Assembly election into the spotlight, setting the stage for a defining political showdown.

Following the fall of the Awami League regime on Aug 5 in the face of a mass uprising by students and citizens, an interim government led by Muhammad Yunus as chief advisor took over in a bid to stamp out “authoritarian rule” from Bangladesh in perpetuity.

With that in sight, the government formed six reform commissions - constitutional, police, electoral, judiciary, public administration and Anti-Corruption Commission and initiated a process of producing recommendations to forward to political parties ultimately to reach a political consensus.

CONSTITUENT ASSEMBLY IN SPOTLIGHT

Following the Uprising, separate elections for the Constituent Assembly and Constitution Meet entered political discussions.

The Anti-discrimination Student Movement presented the demand for the July Proclamation and called for the “burial” of the 1972 Constitution.

Later, the manifesto of the NCP included "elections for the National Constituent Assembly” to formulate a fresh Constitution.

NCP Convenor Nahid Islam, who left the post of an advisor for the interim government, presented the manifesto on the party’s debuting stage at Manik Mia Avenue.

Nahid highlighted the goal of establishing a society based on equality and justice, bringing up a plan to establish a “second republic” and prioritised the Constituent Assembly election to formulate a fresh Constitution.

In the official NCP Iftar, Nahid said it was “possible” to hold both parliamentary and National Constituent Assembly elections at a time.

After attending a roundtable meeting with United Nations Secretary-General Antonio Guterres, Nahid again shed light on the matter.

He said the state reforms would not be “sustainable” unless done through the Constituent Assembly.

DEBATE OVER CONSTITUENT ASSEMBLY

The Anti-discrimination Student Movement, led by the quota reform movement, called for the ousting of the Awami League government at a rally in Central Shaheed Minar on Aug 4.

After declaring the sole demand, Nahid announced a “joint front” uniting student-citizen and professional organisations.

“We will soon present the blueprint for the future of Bangladesh,” he promised.

The NCP, formed at the initiative of the Anti-discrimination Student Movement with the aim of establishing a new political “settlement”, is now talking about drafting a fresh Constitution.

During a party Iftar event, Nahid had said: "We want to establish the Constitutional, economic, political and cultural foundations of the country through fundamental and qualitative changes in the governance structure."

“That’s why we’re talking about a new republic through a new Constitution. A new political settlement is possible by abolishing the fascist system.”

Poet and thinker Farhad Mazhar, who supported the students, also spoke in favour of the Constituent Assembly elections.

A few days ago in Jashore, he said: “Sheikh Mujibur Rahman did not implement the will of the people after 1971. Moreover, the Constituent Assembly elections did not take place, so a state could not be formed, though it’s the recognised method for forming a state.”

Mazhar, whose wife Farida Akhter is the interim government's fisheries and livestock advisor, said the 1972 Constitution "was never one for the people of Bangladesh”.

“It was the Constitution of Pakistan. Because, those who drafted it were elected to formulate Pakistan’s Constitution,” he said.

“They were not present during the [Liberation] war; and those who were, conspired to hand over the country to [India]...”

Jamaat-e-Islami, which gained prominence following the shift in the political landscape, is also a strong critic of the 1972 Constitution.

In the words of the party's chief Shafiqur Rahman "this constitution was written sitting in India."

On state reform proposals, Shafiqur said in October: “Many parties have expressed concerns over this. Later, however, a lot of amendments were made. These amendments were not even included in the first Constitutions they made.”

Although the NCP and Jamaat both share almost identical views on revising the Constitution, the BNP, which ruled the country several times before, is against the Constituent Assembly election.

The leaders of the party believe it will delay the process of transitioning from the current situation.

BNP Standing Committee member Salahuddin Ahmed questioned: “Has our current republic fallen ill? When is a second republic established?”

“Why should there be a Constituent Assembly election? There could be motives behind this,” he said.

“Those who want the Constituent Assembly election, a new Constitution through it, I want to tell them - let us assemble a strong parliament together, where all reform proposals will be adopted based on national consensus through discussion and negotiation.

“Whether you call that Constitution a new Constitution or second republic, we have no objections," he added.

Salahuddin believes bringing up the Constituent Assembly essentially means deliberately stretching out the process to hand over responsibility to elected representatives.

The Communist Party of Bangladesh (CPB) also wants the general elections to be held as soon as possible.

In January, the party sought a roadmap for the election while standing by the 1972 Constitution.

“Today, communal forces, anti-liberation forces have awakened in the country. This group talks about burying the 1972 Constitution. They want to play with the Liberation War. The people of the country will not accept their game.

Following the appointment of Yunus-led interim government on Aug 8, several demands were raised by frontline leaders of the Uprising, including president’s removal, formulation of the July Proclamation, and banning of the Awami League.

The demands remained inconsequential due to BNP not agreeing to those.

However, the Awami League's student faction Chhatra League was banned on charges of “terrorism”.

WHAT IS A CONSTITUENT ASSEMBLY?

A Constituent Assembly is a body of individuals tasked with drafting or amending a country's constitution.

Members of a Constituent Assembly are typically elected by popular vote.

However, in colonial territories, such members were often appointed by the government or selected through other means.

In Bangladesh, no election was held for a Constituent Assembly after independence.

Instead, the representatives elected in Pakistan’s 1970 national and provincial elections formed the Constituent Assembly in 1972, which was referred to as the “Gana Parishad”.

Nearly 16 years ago, Nepal set a precedent by electing a Constituent Assembly to transition from monarchy to democracy.

IS A CONSTITUENT ASSEMBLY NECESSARY NOW?

While people generally understand national and local elections, many are unfamiliar with the concept of a Constituent Assembly.

Salim Uddin, a vendor selling caps and attar, a fragrant essential oil, outside Baitul Mukarram Mosque, told bdnews24.com that he had never heard of a Constituent Assembly.

“What is that?” he asked, associating elections only with parliamentary polls.

Chattogram University’s former professor of public administration, Nizam Uddin Ahmed, who specialises in parliamentary affairs, told bdnews24.com: “Why is a Constituent Assembly necessary now? It is not.”

He pointed out that the existing constitution already outlines the process for amendments.

“A Constituent Assembly is not mandatory for constitutional changes or revisions. The parliament is sufficient for this purpose.”

However, referring to student organisations’ demands, Nizam Uddin suggested: “A referendum could be held alongside the national elections to gauge public opinion on whether a Constituent Assembly is needed for constitutional changes.”

“The question could be, ‘do you think a Constituent Assembly is necessary to amend the constitution?’ If ‘yes’, should the current parliament function as the Constituent Assembly? The people can then vote accordingly.”

He also stressed that elections cannot be halted over demands for constitutional changes, calling such a stance unconstitutional.

Describing Bangladesh’s government as “constitutional in one sense”, Nizam Uddin said: “The government has followed court rulings, and all members have taken their oaths in accordance with the constitution. Everything is being done constitutionally, leaving no room for extra constitutional measures.”

Kazi Mahbubur Rahman, an associate professor at Dhaka University, told bdnews24.com: “We need to consider what political parties want. If they seek reforms, ordinances can be issued, which can later be ratified by parliament.”

He also suggested that a referendum could be conducted during the elections to address key constitutional reforms.

“The approach—whether through a Constituent Assembly, ordinances, or a referendum—depends on what is intended,” he said.

“One side is advocating for a new constitution. Drafting an entirely new constitution would require a Constituent Assembly. However, if only amendments are needed, ordinances have been used before, later passing through parliament. This remains an option if political parties agree,” he added.

A CONFLICT WITH BANGLADESH’S LIBERATION HISTORY?

Political analyst Zobaida Nasreen told bdnews24.com that Bangladesh’s history is rooted in the 1971 Liberation War.

“There has been no event to invalidate this foundation, so I do not see a need for a Constituent Assembly now.”

She believes the current discussions contradict the principles of the Liberation War.

Referring to the Constituent Assembly process during Pakistan’s rule, Zobaida said: “To me, advocating for a Constituent Assembly seems like a rejection of the Liberation War.

“The basis of our war was the Constituent Assembly itself. Those who cannot accept the Liberation War and independence may consider using the Constituent Assembly to reshape the country.”

While constitutional reforms, revisions, and amendments are possible, rewriting the entire constitution is a completely different matter, she said.

Highlighting the democratic necessity of public mandate, she added: “Only an elected government can undertake constitutional amendments, revisions, or reforms.”

“The demand for a new constitution inherently denies the Liberation War and independence. Rejecting all existing structures paves the way for a Constituent Assembly, which in turn requires the rewriting of history.”

CONSTITUTION REFORM COMMISSION’S REPORT

On Jan 15, Ali Riaz, head of the Constitution Reform Commission, submitted their report to Chief Advisor Muhammad Yunus.

Ali Riaz believes that the demand for a new constitution is not unrealistic, as nations across the world frequently engage in this process.

“A constitution is a political document reflecting the aspirations of citizens,” he said.

Speaking to a media outlet, he remarked drafting a new constitution would require the election of a Constituent Assembly.

“If a parliament also functions as a Constituent Assembly, it will both govern and oversee the constitutional changes. It is now up to political parties to engage with the public and explain this process.”

POLITICAL PERSPECTIVE ON A CONSTITUENT ASSEMBLY

NCP spokesperson Samantha Sharmin told bdnews24.com: “Following the Uprising, people expressed their aspirations through graffiti on walls. To fulfil these aspirations, constitutional reforms and a Constituent Assembly election are necessary.”

“The political parties that supported the Uprising must reach a consensus on this issue. If we fail to reach an agreement, we must continue the struggle to realise the people’s aspirations,” she said.

[Chief Correspondent Sumon Mahmud assisted in the preparation of the report; Writing in English by Syed Mahmud Onindo and Arshi Fatiha Quazi]