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Q1. What exactly is the July National Charter?

The July National Charter is a set of proposed reforms meant to change how Bangladesh’s Constitution is amended and how the political system functions.

The key feature is the creation of a Constitutional Reform Council that will have the authority to rewrite or reform the Constitution for 180 days—if the public approves it in a national referendum.

Q2. What is the Constitutional Reform Council?

It is a new body that will be formed only if the referendum passes.
According to the official Order, the Council will:

• Be composed of elected representatives
• Hold “সকলক্ষমতা” (all power) over constitutional reform
• Make decisions that are final and do not require Parliament’s approval

This is why it is sometimes described as a temporary Constituent Assembly.

Q3. Why is this Council so controversial?

Because it would have more power than Parliament in constitutional matters.

Critics argue that:

• The Constitution already has a process for amendment (Article 142)
• Only Parliament can amend the Constitution
• An executive order cannot create a new, superior constitutional body

Supporters answer that:

• The referendum gives the Council its authority
• The people are the ultimate source of power
• Extraordinary times require extraordinary solutions

Q4. What happens if the referendum results in a “Yes”?

If the public votes “Yes”:

1. The Constitutional Reform Council is established
2. It will have 180 days to propose and adopt constitutional changes
3. Its decisions will be binding, without further approval
4. Parliament cannot override or block its decisions
5. The Council becomes the temporary authority for constitutional reform

In short, the Council would effectively take over the role of constitutional amendment for six months.

Q5. What happens if the referendum results in a “No”?

If the public votes “No”:

• The Council will not be formed
• No special reform mechanism will be used
• Constitutional changes will continue under the existing rules
• Article 142 will remain the only legal method for amendments
• Parliament will retain its exclusive authority

The July Charter will effectively disappear.

Q6. Why do some experts call the Order “unconstitutional”?

They argue that the Order violates the existing Constitution because:

1. Article 142 sets the amendment procedure

Only Parliament, with a two-thirds majority, can amend the Constitution.

2. Article 65 gives legislative power exclusively to Parliament

The Council is not mentioned anywhere in the Constitution.

3. The Interim Government has no authority to change the constitutional structure

Its mandate is to maintain order and hold elections, not restructure the state.

In their view, the Order tries to “rewrite the rulebook without using the rulebook.”

Q7. Why do supporters claim the Order is legal?

Their argument is based on popular sovereignty.

They say:

• Article 7 states that all power belongs to the people
• A referendum is an act of direct public authority
• If the people approve, they can temporarily override Article 142
• The Council’s legitimacy comes from the voters, not the government

This is similar to how other countries (like Chile or Nepal) used referendums to create new constitution-making bodies outside the existing constitution.

Q8. Is the referendum legally binding?

Yes.
The Order states that the Council’s authority only becomes active if a majority of voters approve it.

This means:

• A “Yes” vote triggers the new process
• A “No” vote stops the entire reform mechanism
• The Interim Government cannot activate the Council without public approval

In effect, the people become the “authorizers” of constitutional reform.

Q9. What will the Council be allowed to change?

Based on the Order:

• Electoral system (such as proportional representation)
• Structure of Parliament
• Political party rules
• Oversight mechanisms
• Any part of the Constitution related to governance

It has no written limitations on the scope of reform.

Q10. What does this mean for Bangladesh’s democracy?

It depends on your perspective.

Supporters say:

• This is a peaceful, democratic reset
• The old system failed and needs redesign
• People should decide how their Constitution is made

Opponents say:

• It risks bypassing Parliament
• It may set a dangerous precedent
• Constitutional change must follow constitutional procedure

Either way, the referendum forces the country to confront a historic question:

Who has the final say over the Constitution—the Constitution itself, or the people who created it?

Q11. What should voters understand before voting?

Three key points:

1. A “Yes” creates a temporary constitution-making body.
2. A “No” keeps the current constitutional rules unchanged.
3. The choice is not only political—it is about the source of constitutional authority.

Q12. What is at stake for the future?

The outcome will determine:

• How Bangladesh rewrites its political system
• Whether constitutional change comes from Parliament or the people
• The future structure of elections, governance, and accountability
• The balance of power between institutions

This is one of the most important constitutional decisions in the nation’s history.