A year on, but reforms remain largely on paper

Bangladesh observed Constitution Day yesterday (4 November), with questions over the implementation of sweeping constitutional reform proposals remaining at the centre of the country’s political and institutional debate.

More than a year after the interim government formed the Constitution Reform Commission following the July-August 2024 mass uprising, many of its major recommendations have yet to be translated into constitutional amendments, raising questions about the progress of the reform agenda.

The Constitution was adopted by the Constituent Assembly on 4 November 1972, and came into effect on 16 December of the same year. The day is observed as Constitution Day to commemorate the adoption of the country’s supreme law.

The Constitution Reform Commission, chaired by Professor Ali Riaz, submitted its report on January 31, 2025, proposing 70 recommendations for wide-ranging changes to the country’s constitutional and institutional framework.

The recommendations covered seven broad areas, including fundamental state principles, the balance of power among state institutions, executive authority, the election-time government system, judicial independence, local government and fundamental rights.

The commission proposed replacing the existing four fundamental state principles with equality, human dignity, social justice, pluralism and democracy. It also recommended introducing a bicameral parliament with a 100-member upper house, whose seats would be allocated among political parties in proportion to their share of votes in national elections.

Other major proposals included limiting the prime minister’s tenure, reducing the concentration of executive power, reforming the appointment process for constitutional institutions and amending Article 70 to give lawmakers greater freedom to vote independently, except on matters such as confidence motions and money bills.

The commission also proposed strengthening judicial independence, decentralising the judiciary, making local government institutions more autonomous and expanding constitutional protection of fundamental rights.

From recommendations to political agreement
The interim government subsequently formed the National Consensus Commission in February 2025 to negotiate the reform proposals with political parties.

The discussions resulted in the July National Charter, signed on October 17, 2025. It contained 84 reform proposals, including 48 concerning constitutional changes. Twenty-four political parties signed the document, although some recorded notes of dissent.

However, not all the commission’s recommendations were incorporated into the Charter in their original form. Differences emerged over several key issues, including the composition of the proposed upper house and the distribution of executive power.

For instance, while the commission proposed allocating upper-house seats based on parties’ national vote shares, the BNP favoured a system based on the number of seats won in the lower house.

A referendum was held alongside the national election on February 12, 2026, and the ‘Yes’ vote prevailed. According to published reports, 38 of the 48 constitutional reform proposals received approval.

However, approval in a referendum did not automatically translate into constitutional amendments or the establishment of the proposed institutions.

Disagreements over the implementation mechanism prevented the proposed Constitutional Reform Council from being formed. BNP lawmakers did not take the additional oath required to become members of the council, while lawmakers from the Jamaat-e-Islami- and NCP-led alliances took the oath.

The BNP questioned the legality of the implementation order and argued that the Charter should be implemented in the form in which the party had signed it.

The elected government later initiated a separate parliamentary process. On July 13, 2026, parliament formed a 12-member special committee on constitutional amendment, chaired by Home Minister Salahuddin Ahmed.

The committee was tasked with preparing recommendations for constitutional amendments, taking into account the existing Constitution, the July National Charter and the BNP’s election manifesto. Opposition parties rejected the committee’s formation and did not nominate members.

As a result, several major proposals remain pending, including the establishment of an upper house, changes to Article 70, limits on prime ministerial tenure, a constitutional framework for an election-time government and stronger safeguards for judicial independence.

The proposed changes to fundamental rights and local government also require further constitutional and legislative action.

Meanwhile, several institutional reform measures introduced through ordinances during the interim government’s tenure have also faced setbacks.

Of the 133 ordinances issued during that period, 110 were approved during the first session of the 13th Parliament, some in modified forms. Seven were repealed, while 16 were not introduced as bills and consequently ceased to have effect.

Among the measures that did not receive parliamentary approval were ordinances concerning the appointment of Supreme Court judges, an independent secretariat for the lower judiciary, the Anti-Corruption Commission, the National Human Rights Commission and a Police Commission.

Speaking to The New Nation, Badiul Alam Majumder, secretary of the Shusashoner Jonno Nagarik (SHUJAN) said, “The Constitution of Bangladesh is the supreme legal foundation of the state.

It defines the system of governance, the powers and responsibilities of the government, citizens’ fundamental rights and the principles guiding state affairs. However, the existing Constitution does not fully reflect the hopes and aspirations of the people. That is why implementation of the July Charter is essential.

“Under the Presidential Order, the BNP was supposed to take a second oath. The order also set a deadline of 180 working days for amendments to the July Charter, but that was not done.

What I see is a clear reluctance to incorporate the people’s mandate into the Constitution. This does not truly reflect the will of the people.

They expected the July Charter to be implemented, but instead, the government has sent it into cold storage.”

Political consensus remains a challenge
Political disagreements over the implementation process have emerged as a major obstacle to translating the reform proposals into lasting changes.

While the referendum established public support for the proposed reform framework, differences remain over the legal mechanism, the role of parliament and the extent to which the July National Charter should guide constitutional amendments.

The formation of the parliamentary special committee has also failed to secure opposition participation, raising questions about the extent of cross-party consensus behind the next phase of reforms.

As Bangladesh marks Constitution Day, the progress of the reform agenda remains a key test of the political consensus built after the 2024 uprising.

While the Constitution Reform Commission’s recommendations shaped the subsequent national debate and the July Charter, translating those commitments into enforceable constitutional and institutional changes remains an unfinished tas