The July Charter, formulated by the National Consensus Commission post last year’s student-people uprising and parliament dissolution, is a significant political agreement aiming to guide the upcoming general election. This charter, though not legally binding, consists of 84 consensus points established after discussions with political parties. However, certain points of disagreement exist, with the law ministry evaluating which recommendations can be promptly executed.
Despite its intended purpose, the final draft of the charter asserts unprecedented authority, claiming superiority over conflicting laws and even the constitution itself. It suggests that its provisions are immune to legal challenges and can only be interpreted by the Appellate Division. These assertions directly contradict fundamental constitutional clauses, such as the principle of supremacy and the rule that laws conflicting with basic rights are null and void. Notably, recent feedback from political parties reveals divisions on the issue, with some rejecting the charter’s precedence and stance on court challenges.
Attempting to bypass judicial review, as proposed by the July Charter, is legally unsustainable. The constitution upholds the High Court Division’s jurisdiction under Article 102 as an integral part of the legal framework. The Appellate Division’s powers, as outlined in Article 104 and Article 111, reinforce the judiciary’s role instead of restricting it. Previous court decisions in Bangladesh have consistently rejected attempts to shield state actions from judicial scrutiny.
Moreover, the interim government lacks the authority to confer constitutional status upon the charter through ordinances. While presidential ordinances can be issued in the absence of a functioning parliament, they are prohibited from altering or annulling any provisions of the constitution. Any attempt to elevate the charter’s status through executive fiat would contravene constitutional provisions, emphasizing that only a future parliament can amend the constitution.
To ensure the enforceability of core commitments outlined in the charter post-elections, several proactive measures can be taken. These include amending existing laws, establishing an Implementation Commission through ordinances, seeking advisory opinions from the Appellate Division, and anchoring political promises in legal undertakings to the Court.
In conclusion, the pathway to cementing the July Charter’s impact lies in utilizing existing legal frameworks, engaging in transparent processes, and upholding the constitutional integrity of Bangladesh’s governance structure. By adhering to established legal procedures and respecting the separation of powers, the country can navigate through transitional phases with stability and legitimacy.