NN Online:
Political parties reached a key consensus on Sunday, July 13, to amend the constitutional provision on emergency proclamations, aiming to prevent potential misuse of such powers.
The agreement came on the 12th day of the second round of reform dialogues convened by the National Consensus Commission, held at the Foreign Service Academy in Dhaka.
“We’ve reached a consensus today regarding the emergency proclamation clause,” said Saiful Huq, general secretary of the Revolutionary Workers Party of Bangladesh (RWPB), following the discussion.
Under the current Article 141(A) of the Constitution, the President can declare a state of emergency for 120 days if satisfied that the country’s security or economy is under threat from war, external aggression, or internal disturbance. However, this requires the Prime Minister’s prior countersignature.
The new proposal seeks to revise several key aspects:
Emergency Duration: A state of emergency would initially last for 90 days, instead of 120.
Triggering Criteria: The term “internal disturbance” would be replaced with threats to “the independence, sovereignty, and integration of the State.”
Approval Process: Instead of the Prime Minister’s countersignature, Cabinet approval would be required for the declaration.
Opposition Inclusion: The leader of the opposition—or their deputy, if absent—must be invited to the Cabinet meeting convened to approve the emergency declaration.
Extension Limit: The emergency may be extended only once for an additional 30 days.
Protected Rights: Even during an emergency, two fundamental rights must remain intact:
Right to life
Right to protection from persecution, cruel, inhuman or defamatory treatment or punishment
Abul Hasan Rubel, executive coordinator of Ganasamhati Andolon and a participant in the talks, confirmed the inclusion of these safeguards as part of the broader reform effort.
