NCC unveils reform charter with PM term bar, Upper House plan

The National Consensus Commission (NCC) has unveiled the final draft of the July National Charter 2025, outlining sweeping state reforms aimed at reshaping the country’s political structure.

The draft proposes a bar on any person serving as prime minister for more than 10 years in total, the separation of the roles of prime minister and party chief, the formation of a 100-member Upper House through proportional representation and mandatory referendums for changes to the caretaker government system.

The draft also proposes a structured process for selecting the caretaker chief, decentralisation of the judiciary, election of the president through majority votes of both houses by secret ballot, creation of three separate public service commissions (general, education and health), and an independent police commission.

Prepared after two rounds of dialogues with political parties between 20 March and 31 July, the 84-point draft was circulated to parties on Saturday, asking them to respond by 20 August. The draft also records dissenting views from BNP and others on several issues.

Political parties have been asked to make eight commitments, including full implementation of the Charter as a “new political settlement” and recognition of the 2024 uprising and its martyrs in the Constitution.

Constitutional Amendment

Amendments would require two-thirds support in both houses. However, provisions related to the caretaker system, presidential election and powers, constitutional amendment itself, cabinet, and state principles could be changed only through referendums.

Proclamation of Emergency

The draft replaces “internal disturbance” with “threat to independence, sovereignty and territorial integrity, pandemic or natural disaster” as grounds for emergency. Emergencies would be declared by the President with cabinet approval not with the countersignature of the prime minister. But the presence of the opposition leader or deputy leader in that cabinet meeting was suggested.

President’s Election and Authority

The President would be elected by secret ballot with majority votes of both houses. To balance powers between the head of state and government, the President would be vested with enhanced powers.

Without requiring prior advice, the President may directly appoint the heads and members of key institutions, including National Human Rights Commission, Information Commission, Press Council, Law Commission, Bangladesh Bank Governor and Energy Regulatory Commission.

The draft also specifies a structured clemency power for the President. Any application for pardon, suspension or commutation of punishment must consider the opinion of victims or their families before a decision is taken.

PM and Caretaker Government

No person may remain prime minister for more than 10 years in total, regardless of the number of terms. The sitting prime minister cannot simultaneously hold the position of party chief.

For caretaker arrangements, a five-member selection committee would choose the Chief Adviser. This body would include the Prime Minister, Leader of the Opposition, Speaker, Deputy Speaker (from the opposition), and one representative of the second-largest opposition party in parliament.

The Speaker would preside over the meetings in the decision-making process.

Every political party and independent MP would submit one name for consideration. The committee would then select one candidate for appointment by the President.

If consensus is not reached, three major parties would submit a total of 12 nominees (5 names each proposed by the ruling party or alliance and the opposition party or alliance while two names by the second-largest opposition party), from which one could unanimously be selected applying a crossed choice method among the three parties.

In that case, each party would pick one name from the lists of two other parties. Or one name could be selected with fourth-fifth support of the selection committee members.

If disagreements persist, two senior judges (one from the Appellate Division and one from the High Court Division) would join the committee, making it seven members, and the Chief Adviser would then be chosen through a ranked-choice secret ballot. If the selection of caretaker head is not possible in this stage, then

Should all mechanisms fail, the system under the 13th Amendment would apply, but the President could not be chosen as the Chief Adviser.

Bicameral Parliament

The draft envisions a bicameral legislature with the existing 300-member National Parliament (lower house) and a new 100-member Senate (upper house). Senate members would be elected through PR based on national election results. Parties must publish Senate lists alongside general candidates, ensuring at least 10% women.

The Senate would review all bills except finance and confidence votes passed by the lower house. If the Senate recommends anything here, the lower house could accept or reject it. If the upper house can keep any bill pending for a maximum two months then it would be deemed approved. However, amendments to the Constitution must pass both houses with majority support.

Women’s Representation

Reserved seats for women would remain at 50 initially, but parties must nominate at least 5% women candidates in the next election. This quota would rise by 5% each election until 33% is achieved, ultimately aiming for 100 women MPs.

Article 70 Reform

The draft proposes easing floor-crossing restrictions by amending Article 70 of the Constitution so that MPs would be bound by party decisions only on finance bills and confidence votes and they could vote freely in other matters in parliament.

Other parliamentary reforms include electing deputy speakers from the opposition in both houses, allocating committee chairmanships proportionately, and ensuring four key committees are led by opposition MPs.

Local Government

The charter proposes that all local government elections be conducted under direct supervision of the Election Commission, and local bodies be granted financial autonomy. Government officials serving under local bodies would be subordinate to elected representatives.

Judiciary Reforms

Reforms include appointing the senior-most Appellate Division judge as Chief Justice, forming a Judicial Appointments Commission led by the Chief Justice, establishing permanent Supreme Court benches in each division, extending lower courts to upazila level, and creating a Supreme Court Secretariat with budgetary and administrative independence.

Election Commission Reforms

The Chief Election Commissioner and other commissioners would be appointed by the President from a list prepared by a five-member selection committee headed by the Speaker and including the Prime Minister, Opposition Leader, Deputy Speaker (from the opposition) and a Supreme Court judge.

The provisions for separate selection committees would be incorporated in the Constitution to appoint the head and members of five constitutional institutes – Election Commission (EC), Anti-Corruption Commission (ACC), three public service commissions, the Ombudsman, the Comptroller and Auditor General.

Public Administration, Police and ACC

The draft recommends an Independent Police Commission and three distinct Public Service Commissions for general, education and health cadres. New administrative divisions—Cumilla and Faridpur—would be created.

A special investigation commission would probe officials implicated in atrocities during the 2024 uprising, election fraud and corruption.

The ACC would become a constitutional body with five commissioners (including one woman), serving four-year terms. The requirement for prior government permission to file cases against public servants would be abolished.

Elected representatives would have to declare their and their families’ assets annually to the EC. Bribery in the private sector would be outlawed, and services such as police, land, passport, health, education and revenue would be automated.

Binding Commitments

Political parties are asked to make eight commitments in the charter, including the full implementation of the July National Charter 2025 as a consensual document of the new political settlement.

Other commitments include incorporating all provisions and decisions of the Charter into the Constitution, recognising the July–August 2024 Mass Uprising and its martyrs in the Constitution, ensuring trials for killings during the uprising and state support for victims’ families and immediate implementation of provisions that can be executed before the next general election.