Bangladeshi jurists call ordinance on referendum 'unconstitutional'

Bangladesh overnight issued an ordinance in line with interim government chief Professor Muhammad Yunus proposed referendum on a political charter, drawing immediate rebuttal from jurists who called it “unconstitutional”. President Muhammad Shahabuddin on late Thursday signed into ordinance the “July Charter Implementation Order” while the document was drafted by Yunus-headed National Consensus Commission after protracted consultations with several political parties excluding deposed prime minister Sheikh Hasina’s now disbanded Awami League. In a nationwide televised address Chief Adviser Yunus on Thursday said plebiscite would be staged simultaneously with the planned national election in February next year to elicit peoples mandate for the charter.
“Most of the decisions taken in the July Charter, including those in the gazette, are contrary to the current Constitution. Since the Constitution is still in force, the President cannot legally sign this gazette,” leading constitutional expert and former law professor Shahdeen Malik said in a newspaper interview.   Bangladesh Constitution kept no provision for referendum or plebiscite while its Article 93 of says no ordinance could be promulgated “for altering or repealing any provision of this Constitution”. The charter contained over 80 proposals including issues requiring amendments to the Constitution but Yunus said the proposals were synopsized in four issues while the voters would just need to say “yes” or “no” in a question covering the four issues.