In July, the government issued an ordinance for a referendum on the implementation of the National Charter (Constitutional Reform). The gazette was released on Tuesday (November 25) night by the Legislative and Parliamentary Affairs Department of the Ministry of Law.
The referendum will be held on the same day as the 13th National Assembly election in early February. The intention of the people to implement the July charter will be taken through a referendum.
According to the ordinance, the government has formulated and issued the July National Charter (Constitutional Reform) Implementation Order, 2025 to verify whether or not there is consent of the people regarding some proposals related to constitutional reform in the July National Charter 2025 for the purpose of exercising the sovereign power of the people expressed through the successful popular uprising of twenty-four students.
It is said that according to the July National Charter (Constitutional Reform) Implementation Order, 2025, this ordinance is designed to make provision for a referendum to verify whether the people have consented to certain proposals related to constitutional reform.
According to the ordinance, the July National Charter (Constitutional Reforms) Implementation Order, 2025 contains legislative directions for conducting the referendum. Parliament being dissolved and it appearing to the satisfaction of the President that exigent circumstances exist for taking urgent measures, the President, under the powers conferred by Article 93 (1) of the Constitution of the People's Republic of Bangladesh, promulgates the Referendum Ordinance, 2025. It will be effective immediately.
Clauses 1 and 2 of the Ordinance contain short titles and introductions and definitions.
3 of the Ordinance regarding the referendum question, the Ordinance states that a question shall be presented in the referendum – “Do you express your consent to the July National Charter (Constitutional Amendment) Implementation Order, 2025 and the following proposals relating to constitutional reform contained in the July National Charter?”; (Yes/No):
The Ordinance further states that the election caretaker government, Election Commission and other constitutional institutions will be formed in light of the process outlined in the July Charter. The next National Parliament will be bicameral and an upper house will be formed with 100 members in proportion to the votes received by the parties in the national parliament elections and the approval of the majority of the members of the upper house will be required to amend the constitution.
Election of the President, fundamental rights, independence of the judiciary, local government, term of the Prime Minister, powers of the President, including the 30 issues that have been agreed upon in the July National Charter, will be mandatory for the implementation of the political parties that will win the next parliamentary elections.
Other reforms outlined in the July National Charter will be implemented as promised by political parties.
Clause 4 of the Ordinance deals with Polling Stations. Here it is said that the plebiscite will be held in all the polling stations that will be determined for the Thirteenth National Parliament election.
Order 5 deals with the appointment of Returning Officers. All Returning Officers and Assistant Returning Officers appointed by the Commission for the Thirteenth National Assembly Elections and their jurisdiction shall be deemed to have been appointed in the respective jurisdiction for the conduct of the Referendum.
In Clause 6, appointment of Presiding Officer and Polling Officer is mentioned. (1) All Presiding Officers, Assistant Presiding Officers and Polling Officers appointed for the Thirteenth National Assembly Elections shall be deemed to have been appointed in the respective polling stations for the plebiscite. (2) The Presiding Officer shall conduct the plebiscite concurrently with the Thirteenth National Assembly and shall be responsible for maintaining order in the polling stations and shall notify the Returning Officer or the Assistant Returning Officer of any incident which, in his opinion, may impair the impartiality of the polling. (3) The Assistant Presiding Officer shall exercise such powers and duties of the Presiding Officer as may be prescribed by the Commission or delegated to him by the Presiding Officer. (4) If the Presiding Officer is not present at the polling station or is unable to perform his duties due to illness or any other reason, the Returning Officer or the Assistant Returning Officer shall depute one of the Assistant Presiding Officers to act in place of the Presiding Officer. (5) The Assistant Returning Officer may, at any time during the polling, suspend any Presiding Officer, Assistant Presiding Officer or Polling Officer, for reasons thereof, and take such measures as he may think necessary for the discharge of the duties of such suspended officer.
Order No. 7 deals with voter list. It is stated here, 1) Voter list prepared for Thirteenth National Parliament election shall be the voter list of referendum. (2) The voter list containing the names of voters entitled to vote for each polling station supplied by the Assistant Returning Officer to the Presiding Officer for the Thirteenth National Assembly election shall be used as the voter list for the plebiscite.
Clause 8 deals with the timing of the referendum. The polling time for the 13th National Assembly election will be the polling time for the referendum.
Order No. 9 is called adjourned polling. (1) If polling is obstructed or disrupted for any reason beyond the control of the Presiding Officer, he may suspend or stop the polling, and shall forthwith inform the Returning Officer or the Assistant Returning Officer thereof. (2) In cases where polling has been stopped at a polling station under sub-section (1), the Returning Officer or the Assistant Returning Officer shall forthwith submit a report to the Commission regarding the circumstances and if the Commission is satisfied that it is not possible to determine the result of the referendum by the results of other polling stations, then the Commission shall direct the re-polling at that polling station. If the Commission orders re-polling at a polling station, the Returning Officer or Assistant Returning Officer shall issue a public notice as soon as possible fixing the date, place and time of polling.
Order No. 10 states, holding referendum by secret ballot. (1) The referendum shall be held by secret ballot and every voter shall vote by means of a single ballot prescribed by the Commission for the purpose of ascertaining public opinion on the said question. (2) The referendum ballot shall be separate and of a different color from the Thirteenth National Assembly election ballot.
Regarding Ballot Boxes, (1) Ballot boxes approved, prescribed and supplied by the Election Commission shall be used for taking votes. Provided, however, that the Commission may permit the use of the same ballot box supplied for the election of the Thirteenth National Assembly as the ballot box for the referendum. (2) The Returning Officer or the Assistant Returning Officer shall supply the required number of ballot boxes to each Presiding Officer.
