Parliament Sunday witnessed an impromptu debate over delays in convening the constitutional reform council envisaged under the July National Charter implementation order, as the time runs out.
Leader of the Opposition Shafiqur Rahman, who also leads Bangladesh Jamaat-e-Islami, raised the issue during an unscheduled discussion in parliament, noting with concern that the council had not been summoned within the timeframe stipulated in the presidential order.
Responding to the criticism, Home Affairs Minister Salahuddin Ahmed said the government could not advise the President to convene the council because the proposed body has no recognition under the constitution.
The Jatiya Sangsad sitting began at 11am with Speaker Hafiz Uddin Ahmed in the chair. Rahman initially sought to speak at the start of proceedings but was told he would be given the floor after the question-and-answer session.
Once allowed to address the house, Rahman said the current parliament had emerged in the context of the July uprising and was constituted through a presidential order issued on November 13, 2025 rather than through the usual electoral process.
Reading from the July National Charter (Constitutional Reform) Implementation Order, he said the document required that a session of the constitutional reform council be convened within 30 days of the announcement of election results.
"But that session has not been called within the specified time. That is the cause of my concern," he told the house.
Rahman points out that the order stipulates that if a referendum endorses the proposed reforms, a constitutional reform council would be formed with elected parliamentary representatives. He argues that members of the current parliament had effectively been elected in two separate capacities and should, therefore, be allowed to serve both as lawmakers and as members of the reform council.
According to him, 77 opposition lawmakers had already taken an oath as members of the proposed council under the July order.
As he finished, the chair sought treasury bench's view. Salahuddin Ahmed rose with the government party's response. He questioned the procedural basis for the opposition leader raising the matter without prior notice and asked whether Rahman had submitted an adjournment motion under parliamentary Rules of Procedure or filed notice under Rule 68 for an urgent discussion.
Ahmed also questioned the legal status of the July National Charter implementation order, saying it was neither an ordinance nor an act of parliament.
"The order is something in-between," he said, describing it as an "imposed directive".
Under the constitution, he said, the president acts on advice of the prime minister in most matters. However, since the constitution does not recognise the existence of a constitutional reform council, the prime minister cannot advise the president to summon such a body.
"For that reason, the president has not convened the session," he said to dispel the contentions.
Ahmed also pointed out that the courts had issued a rule asking why certain provisions of the implementation order and the referendum ordinance 'should not be declared unconstitutional'.
While the judiciary's opinion would not be binding on parliament, he noted, lawmakers must avoid passing legislation that could later be struck down as ultra vires.
He said implementing the referendum verdict would require amendments to the constitution first. However, he expressed doubt as to whether such a bill could be introduced during the current sitting, noting that 133 ordinances had already been placed before parliament on the first day of the session.
If the parliamentary business advisory committee agrees, he said, a constitutional amendment bill could be introduced during the budget session.
"The people's mandate must be respected, but it must be done constitutionally and legally," Ahmed said. "The state does not run on emotion -- it runs on the constitution and the law."
Speaker Ahmed later told Rahman that the matter he raised was of significant public importance but could not be resolved immediately, advising him to submit a formal notice so that a decision could be taken.
Mirmostafiz@yahoo.com
