Rejecting Jamaat-e-Islami’s proposal to give the July National Charter constitutional recognition through an executive order, BNP leader Salahuddin Ahmed on Thursday said a state cannot be run on emotions.
“Some people are saying that the Chief Adviser can now promulgate a law, or issue an order in line with the people’s wishes expressed during the July uprising. That is a revolutionary and emotional statement. But a state does not run on emotions; it runs according to laws, rules and regulations,” he said.
Speaking at a seminar, the BNP leader said he heard on Wednesday that the ‘National Charter’ could be issued through an extra-constitutional order, and that the Chief Adviser had the authority to do so. “But the Chief Adviser, being the head of government, does not have any such right under our Constitution.”
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Salahuddin, a BNP Standing Committee member, explained that any law can only be issued with Cabinet approval, and in the absence of Parliament, the President can issue an ordinance. “The government can only issue notifications or gazette circulars as part of its administrative powers.”
He urged political parties not to make proposals that might give a sense of satisfaction regarding the implementation of the July National Charter but lack a legal basis.
The BNP leader said a controversy would arise if the proper process is not followed regarding the issuing of an extra-constitutional order on the July Charter. “We must move away from political emotions so that such a controversy does not arise in the future. I call on all sides to do this.”
Referring to Article 152 of the Constitution, he said, “The hierarchy of laws starts with the Constitution, followed by national laws enacted by Parliament, presidential ordinances, orders, and then rules and regulations.”
The University Teachers Association of Bangladesh (UTAB) arranged the seminar, titled ‘Education and Employment in the Minds of Youth in Post-2024 Bangladesh’, at the Jatiya Press Club.
Earlier on Wednesday, Jamaat-e-Islami Nayeb-e-Ameer Syed Abdullah Muhammad Taher said they, during their meeting at Jamuna, told Chief Adviser Prof Muhammad Yunus that the July National Charter can be given constitutional recognition through an executive order.
He said this is an extra-constitutional arrangement that can be adopted in exceptional circumstances.
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Taher also said Jamaat proposed that the Chief Adviser, not the President, issue the order on reforms if legally permissible.
Salahuddin also said a political party that earlier skipped the signing ceremony of the July National Charter is now looking for an opportunity to sign it.
“Yesterday (Wednesday), a political party said BNP has finally agreed to hold a referendum on implementing the July National Charter under public pressure… but in reality, the proposal to hold such a referendum originally came from BNP itself,” Salahuddin said.
He also said all parties, except two, agreed to BNP’s referendum proposal d. “I am not mentioning the names of the two parties. But one of them attended the signing ceremony, while the other is now looking for an opportunity to sign the Charter. They also have some demands.”
The BNP said discussions are already underway, and he hoped a logical solution will eventually be reached regarding their demands.
The July Charter was signed on October 17, but the National Citizen Party (NCP) did not attend the event.
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Salahuddin underscored the need for a change in mindset for the effective implementation of the July Charter and proposed reforms.
“The nation now needs mental reform. We have discussed legal and constitutional reforms at the Consensus Commission, but no matter how many reforms we make, unless we bring about a mental reform at the national level, we will never be able to implement those legal measures in reality,” he said.