The High Court on Tuesday issued a rule questioning the legality of key provisions of the July National Charter, the Referendum Ordinance 2025 and an official letter concerning the oath of elected MPs as members of the Constitution Reform Commission.
In its order, the court directed the authorities concerned to explain why the July National Charter (Constitution Amendment) Implementation Order 2025 and the Jatiya Sangsad Secretariat’s letter dated 16 February inviting lawmakers to take oath as members of the reform council should not be declared unconstitutional.
The bench also sought clarification on why Schedule 3 of the Referendum Ordinance 2025 - which reflects consensus on 30 reform issues among political parties - should not be struck down as unconstitutional.
The rule was issued by a division bench comprising Justice Razik-Al-Jalil and Justice Md Anowarul Islam after hearing two separate writ petitions challenging the legality of the charter and the ordinance. The matter has been made returnable within four weeks.
Respondents named in the rule include the law secretary, cabinet secretary, secretary of the Jatiya Sangsad, principal secretary to the Prime Minister, the Election Commission and the chief election commissioner.
The petitions were filed as public interest litigation by Supreme Court lawyers who argued that the constitution does not provide provisions for a referendum or the implementation of the July National Charter.
The charter, introduced after the July-August 2024 mass uprising, was signed by more than 20 political parties and outlines 84 reform proposals, including 47 requiring constitutional amendments, with measures such as a 10-year cap on the Prime Minister’s tenure and enhanced presidential powers, aiming to establish what supporters describe as a “Second Republic.”
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