Dhaka: National Consensus Commission Vice-Chairman Professor Ali Riaz today announced a consensus on a proposal to amend Article 141(a) of the Constitution to include specific provisions regarding the declaration of a state of emergency. This announcement came during a media briefing following discussions with political parties at the Doel Hall of the Foreign Service Academy, marking the 12th day of the second round of talks.
According to Bangladesh Sangbad Sangstha, the proposed amendments aim to replace the term ‘internal disturbance’ in Article 141(a) with more defined phrases such as ‘threats to national independence, sovereignty, territorial integrity, pandemics, or natural disasters.’ Furthermore, the requirement for the Prime Minister’s countersignature will be removed, necessitating approval from the Cabinet instead. In addition, the leader of the opposition, or the deputy leader in their absence, must be present at the Cabinet meeting related to the emergency declaration.
During the state of emergency, the proposed changes ensure that no citizen’s right to life and fundamental rights related to trial and punishment, as per Article 35 of the Constitution, can be curtailed. On July 7, all political parties and alliances agreed on these amendments to prevent the misuse of emergency powers as a political tool.
The meeting was attended by commission members Justice Md. Emdadul Haque, Dr. Iftekharuzzaman, Dr. Badiul Alam Majumdar, Safar Raj Hossain, Dr. Md. Ayub Miah, and Chief Adviser’s Special Assistant Monir Haider. Ali Riaz also mentioned a consensus on a proposal to specify provisions in Article 95 of the Constitution regarding the appointment of the Chief Justice. This proposal suggests that the President shall appoint the most senior judge of the Appellate Division as the Chief Justice unless a political party, with an election manifesto mandate, allows for the appointment of either of the two most senior judges.
Additionally, if a judge is under investigation for misconduct or incapacity under Article 96, they will be ineligible for the Chief Justice position. Representatives from 30 political parties, including the Bangladesh Nationalist Party (BNP), Bangladesh Jamaat-e-Islami, National Citizen Party (NCP), Gono Odhikar Parishad, Gonosanghati Andolon, Communist Party of Bangladesh (CPB), Biplobi Workers Party, and the Amar Bangladesh (AB) Party, participated in the discussions.