In a recent episode of the political talk show Road to Election, Professor Ridwanul Haque, a former law professor at the University of Dhaka, critically examined the proposed July Charter Reform Implementation Order in Bangladesh. He highlighted that the idea of constitutional amendments automatically taking effect without formal legislative approval has no precedent globally and contradicts fundamental constitutional principles. Professor Haque emphasized that the government lacks the authority to issue such orders unilaterally, as sovereignty rests with the people under Article 7 of the Constitution, not with the government or Parliament. He also criticized the government’s rigid approach to political consensus and the impracticality of presenting 48 constitutional reforms as a single referendum question, arguing that this undermines democratic processes and informed public participation.
Professor Haque further contextualized the current political situation by referencing Bangladesh’s history of referendums, noting that past successful amendments involved clear, simple questions and broad political consensus. He argued that while the Constitution has structural weaknesses—such as the concentration of power in the Prime Minister’s office—these alone do not explain the rise of authoritarianism. Instead, factors like political culture, weak internal party democracy, and systemic flaws also play significant roles. Ultimately, he warned that attempts to predetermine or restrict future parliamentary actions through executive orders or ordinances would be legally invalid and contrary to the principle of popular sovereignty enshrined in the Constitution.
