Government decision coming after a week, but how legal is it?

The interim government had given political parties a week to resolve their differences over the implementation of the July Charter and the date of the referendum. The deadline given on November 3 expired on November 10. However, the political parties have not expressed any opinion on the issue of resolving their differences and reaching a consensus within the stipulated time. Most parties are still adamant on their previous position. In this situation, it is known that the Chief Adviser will take his final decision on November 13. However, legal experts have opined that taking such a unilateral decision in this regard would not be constitutional.

BNP is adamant on the referendum proposal on the day of the National Assembly elections, which they see as a way to implement the July Charter. On the other hand, Jamaat-e-Islami, National Citizen Party (NCP) and several other parties are exerting pressure on the government in various ways to organize a referendum within this month. In other words, the political arena of the country is quite heated on this issue. No political party is willing to make any concessions to anyone else. Even the government is adamant on its decision.

When asked about this, Environment Adviser Syeda Rizwana Hasan told Views Bangladesh: "We were waiting for the decision of the political parties. No decision has been made by them yet. Since they have not discussed it within seven days, now the government will decide. The government has the responsibility and jurisdiction to do this. We will decide on this on November 13."

She also said: "The government's door is open to all parties. However, I have not heard that any new invitation for discussion has come. I think the government will now clarify its position. The people have expectations from us."

Constitutional expert Dr. Shahdeen Malik has commented that holding a referendum to implement the July Charter before the elections is against the constitution, as is implementing it through an executive order.

He told Views Bangladesh: "The chief adviser cannot issue the July Charter and the referendum ordinance. This power belongs only to the parliament or the president. The power to pass laws belongs to the parliament. And in some cases, when there is no parliament, the president has been given the power to temporarily issue ordinances. The chief adviser is like the prime minister. That is, the head of the executive branch. He cannot pass laws."

Senior Supreme Court lawyer and constitutional expert Barrister Omar Faroque told Views Bangladesh: "Legally, the chief adviser cannot issue a referendum order. Only the president can do this based on the consensus of all parties. I mentioned all parties because the matter will have to be presented to parliament later and passed. If it is not passed in parliament, it will not become law."

He said: "Implementing the July Charter through an executive order is against the constitution and the law. Only the national parliament can do this."

Attorney General Md. Asaduzzaman told Views Bangladesh: "The current interim government can do both, whether it wants to announce the July Charter or hold a referendum. However, it will have to be passed in the national parliament later."

Meanwhile, BNP Secretary General Mirza Fakhrul Islam Alamgir said at a program on Tuesday: "Nothing will happen by setting a time limit for the July Charter or referendum. If this government does something outside the people's opinion, they will have to take responsibility for it. The current government should remember that they are not an elected government."

BNP Standing Committee member Khandaker Mosharraf Hossain warned that if any decision is announced outside the July Charter, the responsibility will lie with the government.

At an emergency press conference on Tuesday afternoon, he said: "We want to say clearly that if the government announces any decision outside the July Charter, there will be no obligation for any party that signed the charter to accept it. In that case, all responsibility will lie with the government."