Election and legal experts have expressed concern that the upcoming referendum, as outlined in the July National Charter (Constitution Reform) Implementation Order, may fail to accurately reflect public opinion. 

They say the four proposals or questions included in the referendum are too complex and unfamiliar to ordinary citizens. Without extensive awareness campaigns, they fear that voters will remain uninformed. Experts also warn that the unprecedented manner in which the order has been issued could open the door to future legal challenges.

The Election Commission (EC) is likely to meet tomorrow, Sunday, to determine its course of action regarding the referendum.

Political parties have responded with mixed reactions. Several left-leaning groups believe the national parliamentary election should take precedence over a referendum.

Constitutional expert and senior Supreme Court lawyer Dr Shahdeen Malik said significant publicity is required to help people understand the proposals on which the referendum is being held.

Speaking to media on Friday, he said, “At this moment, the government must focus on massive awareness campaigns—through radio, television, newspapers—to help people understand the issue. Without this, many may not participate. Voters are familiar with marking ballots in parliamentary elections, but they lack similar awareness about referendums. They need to know what the proposals are and how to vote on them.”

Dr Malik further noted that the legal basis of the July National Charter Implementation Order is questionable. “What happens if the next parliament nullifies this order in its first session? Parliament is sovereign and has the power to invalidate presidential orders or ordinances. Many aspects of this process fall outside the legal framework, and several questions may arise in the future. Even so, the government must try its best to inform the public.”

Another Supreme Court lawyer, Manzil Morshed, said, “There is no precedent in Bangladesh’s history for issuing such an order. The president has no authority under the existing constitution to do this.”

Former Additional Secretary of the EC Secretariat and member of the Election System Reform Commission, Begum Jesmin Tuli, who served in the 1985 and 1991 referendums, believes the upcoming referendum may not accurately reflect public opinion.

She said, “Even in past referendums—where questions were far less complex—outcomes were widely seen as reflecting the ruling party’s will rather than public sentiment. This time the proposals are much more complicated. A significant portion of elderly voters, especially women, may neither understand nor even be able to read them. Proper publicity and enough time are essential.”

EC meeting on Sunday

Regarding the EC’s preparations, Senior Secretary of the EC Secretariat Akhtar Ahmed told media that the Commission may meet tomorrow. “The meeting will discuss the implementation order and determine necessary actions—such as how many ballot boxes to procure, sourcing paper for ballot papers, and legislative requirements.”

Political parties react

Revolutionary Workers Party General Secretary Saiful Haque welcomed the decision to hold the referendum alongside the parliamentary election in February. However, he said several constitutional questions have emerged. “Dividing the referendum questions into four parts and issuing an order in the president’s name is unprecedented and unheard of anywhere in the world. Whether an unelected interim government even has this power is questionable.”

Ruhin Hossain Prince, former General Secretary of the Communist Party of Bangladesh (CPB), said, “A referendum now is unnecessary. If needed, it should be held after the next parliament is formed, following debate on constitutional reforms. The current proposals and the plan to form a constitutional reform council if the ‘Yes’ vote wins are unacceptable.”

Majibur Rahman Manju, chairman of the Amar Bangladesh (AB) Party, welcomed the government’s decision to implement the July Charter. “We see the chief adviser’s directive as a relatively acceptable solution. We hope all political parties, including BNP and Jamaat, will participate in a peaceful and inclusive election.”

Bazlur Rashid Firoz, coordinator of the Left Democratic Alliance and General Secretary of the Socialist Party of Bangladesh (BASAD), warned that holding parliamentary elections and a referendum on the same day could deepen divisions rather than build consensus. “Our constitution contains no provision for issuing such an order or holding a referendum in this manner. Having the president issue this order is unconstitutional.”

He added that the implementation order does not include political parties’ notes of dissent, even though such dissent was documented in the original July Charter signing ceremony. “Excluding the dissent notes is equivalent to deceiving both the political parties and the nation.”

Source: Kaler Kantho