Referendum Ordinance, 2025 issued

The Referendum Ordinance, 2025 has been issued. Dr. Md. Rezaul Karim, public relations officer of the Ministry of Law, Justice and Parliamentary Affairs, confirmed the matter on Tuesday.

The ordinance, made by the Printing and Publication Branch of the Legislative and Parliamentary Affairs Division of the ministry, was published for public information.

This is Ordinance No. 67. It states that this ordinance has been made to make provisions for a referendum to verify whether there is public consent to certain proposals related to constitutional reform in accordance with the July National Charter (Constitutional Reform) Implementation Order, 2025.

It further states that the July National Charter (Constitutional Reform) Implementation Order, 2025 has been formulated and issued with a view to submitting to a referendum to verify whether the people have consent to certain proposals related to constitutional reform in the July National Charter 2025 in order to exercise the sovereign power of the people expressed through the successful mass uprising of the students and the public in July-August 2024.

The July National Charter (Constitutional Reform) Implementation Order, 2025 provides for the formulation of legislation for the holding of a referendum. Parliament is in a state of dissolution and it has appeared to the President to his satisfaction that the necessary circumstances exist for taking immediate action, therefore, the President, by virtue of the powers conferred by Article 93 (1) of the Constitution of the People's Republic of Bangladesh, promulgates the Referendum Ordinance, 2025.

It shall come into force immediately.

The short title and preamble and definitions are mentioned in the 1st and 2nd paragraphs of the Ordinance.

In the 3rd order of the ordinance, regarding the referendum question, the ordinance states that a question will be presented in the referendum - "Do you express your consent to the July National Charter (Constitutional Reform) Implementation Order, 2025 and the following proposals regarding the constitutional reform enshrined in the July National Charter?"; (Yes/No):

The ordinance further states that the caretaker government, the Election Commission and other constitutional institutions during the election period will be formed in light of the process outlined in the July Charter. The next National Parliament will be bicameral and an upper house will be formed with 100 members in proportion to the votes received by the parties in the National Parliament election and the approval of the majority of the members of the upper house will be required to amend the constitution.

The political parties winning the next parliamentary election will be obliged to implement the 30 issues listed in the schedule, including the election of the President, fundamental rights, independence of the judiciary, local government, the term of the Prime Minister, and the powers of the President.

Other reforms mentioned in the July National Charter will be implemented as per the commitments of the political parties.

Order No. 4 of the Ordinance deals with polling stations. It states that the referendum will be held at all the polling stations that will be determined for the Thirteenth National Parliament Election.

Order No. 5 deals with the appointment of Returning Officers. All the Returning Officers and Assistant Returning Officers whose jurisdictions will be determined by the Commission for the Thirteenth National Parliament Election will be deemed to have been appointed in the relevant jurisdiction for the purpose of holding the referendum.

Order No. 6 deals with the appointment of Presiding Officers and Polling Officers. (1) All Presiding Officers, Assistant Presiding Officers and Polling Officers appointed for the Thirteenth National Assembly Election shall be deemed to have been appointed to the relevant polling station for the purpose of holding the referendum. (2) The Presiding Officer shall conduct the referendum at the same time as the Thirteenth National parliamentary Election and shall be responsible for maintaining order at the polling station and shall inform the Returning Officer or the Assistant Returning Officer of any incident which, in his opinion, may impair the impartiality of the voting.

(3) The Assistant Presiding Officer shall exercise such powers and perform such duties of the Presiding Officer as may be prescribed by the Commission or delegated to him by the Presiding Officer.

(4) If the Presiding Officer is not present at the polling station due to illness or any other reason or is unable to perform his duties, the Returning Officer or the Assistant Returning Officer shall delegate the power to act in the place of the Presiding Officer to one of the Assistant Presiding Officers.

(5) At any time during the polling, the Assistant Returning Officer may, by recording the reasons, temporarily suspend any Presiding Officer, Assistant Presiding Officer or Polling Officer and may take such action as he considers necessary for the discharge of the duties of such temporarily suspended officer.

The subject of the voters' list is mentioned in the 7th order. It is stated here, 1) The voters' list prepared for the Thirteenth National Assembly election shall be the voters' list for the referendum.

(2) The electoral roll containing the names of the voters entitled to vote for each polling station submitted by the Assistant Returning Officer to the Presiding Officer for the Thirteenth National Parliament Election shall be used as the electoral roll for the referendum.

Order No. 8 deals with the time of the referendum. The time of the poll for the Thirteenth National Parliament Election shall be the time of the poll for the referendum.

Order No. 9 deals with the postponement of poll. (1) If the poll is obstructed or disrupted by any reason beyond the control of the Presiding Officer, he may postpone or stop the poll, and shall notify the Returning Officer accordingly.

(2) In any case where the polling is closed under sub-section (1), the Returning Officer or Assistant Returning Officer shall forthwith submit a report to the Commission on the circumstances of the case and if the Commission is satisfied that the results of the referendum cannot be determined by the results of other polling stations, the Commission shall order a re-poll at that polling station. If the Commission orders a re-poll at any polling station, the Returning Officer or Assistant Returning Officer shall, as soon as possible, issue a public notice fixing the date, place and time of the poll.

It is stated in order 10, that a referendum shall be held by secret ballot. (1) A referendum shall be held by secret ballot and every voter shall vote by means of a single ballot paper determined by the Commission for the purpose of ascertaining the public opinion on the said question.

(2) The ballot paper for the referendum shall be separate and of a different colour from the ballot paper for the Thirteenth National Assembly Election.

Regarding ballot boxes, it is stated that: (1) The ballot paper approved, specified and supplied by the Election Commission shall be used for the purpose of voting. Provided that the Commission may permit the use of the same ballot paper supplied for the Thirteenth National Assembly Election as the ballot paper for the referendum. (2) The Returning Officer or Assistant Returning Officer shall supply each Presiding Officer with the required number of ballot papers.