Opposition leader to join cabinet in 'State of Emergency' decisions

Political parties have reached a significant consensus on reforming the process for declaring and extending a state of emergency in Bangladesh, agreeing that the power should rest with the cabinet rather than solely the Prime Minister.

Under the new proposal, the opposition leader or deputy leader will be present at the cabinet meeting where such decisions are made.

The agreement was reached on Sunday (July 13) during the 12th day of the second phase of dialogue with the National Consensus Commission, held at the Foreign Service Academy in Dhaka.

As part of the discussions, the Commission proposed amendments to Article 141(a) of the Constitution, which governs the declaration of a state of emergency. According to the proposed changes, a state of emergency can be declared by the President for up to 90 days—down from the current 120 days—only after receiving written approval from the Cabinet, rather than solely on the Prime Minister's signature.

The revised proposal also recommends replacing the phrase "internal disturbances" in the Constitution with clearer terms such as "threat to national independence, sovereignty, integrity, epidemic, or natural disaster."

To safeguard fundamental rights during emergencies, the parties agreed that, in accordance with Article 47(3) of the Constitution, citizens' rights to life and protection from torture, inhuman, or degrading treatment cannot be suspended even under a state of emergency.

Political parties were divided over replacing the Prime Minister’s sole authority with cabinet approval for declaring a state of emergency.

Revolutionary Workers Party’s Saiful Haque advocated for an all-party decision, while Bangladesh Khilafat Majlis’s Ahmed Abdul Quader called for opposition inclusion in the cabinet.

During the discussion, Jamaat’s Syed Abdullah Mohammad Taher proposed ensuring the opposition leader’s presence at cabinet meetings on declaring a state of emergency, supported by BNP’s Salahuddin Ahmed. To address the leader's possible absence, Islamic Movement’s Ashraf Ali Akon suggested allowing the deputy leader to attend.