NCP unveils reform blueprint, pitches shadow cabinet and election-time oversight

The Anti-Discrimination Student Movement, now transformed into the political party National Citizen Party (NCP), has unveiled an ambitious reform agenda prioritising the creation of a National Constitutional Council (NCC) to strengthen accountability across Bangladesh’s constitutional institutions.

The initiative aims to drive comprehensive structural reform toward a just and equitable society.

The newly formed party announced 10 core reform proposals, underscoring the urgent need for a balanced distribution of power to guard against ruling party overreach and potential authoritarian drift.

Central to its vision is the recognition of the opposition’s critical role in democratic governance. To that end, the NCP plans to establish a shadow cabinet and a parliamentary standing committee with full-bodied representation from the main opposition party to ensure stronger checks and oversight.

The leaders who spearheaded the mass uprising that ousted the Awami League, which had been in power for a decade and a half, presented an “outline of fundamental reforms” in the second round of discussions with the National Consensus Commission.

On Tuesday, NCP Member Secretary Akhtar Hossain handed over the reform proposal to Consensus Commission Vice-Chairman Ali Riaz.

After the meeting, Akhtar Hossain said: “Given the current situation we are facing, regardless of whether it is called a caretaker government or an interim government, it should be designated as an election-time caretaker or interim government beforehand.

“We have emphasised this to diminish the mindset of the government extending its stay for too long, and to encourage them to focus solely on the election.”

Following the fall of the Awami League government in the face of a mass uprising in August, the interim government headed by Chief Advisor Muhammad Yunus took charge and formed 11 commissions to drive state reform initiatives.

The Consensus Commission has been engaging in dialogues with political parties since Mar 20 to facilitate an agreement on key recommendations posed by five of the six panels formed in the first phase of the reforms to forge a solid foundation for progress and unity.

The NCP made its debut on Feb 28 amid the government's reform initiatives. It entered the political arena with the goal of establishing a “second republic” and drafting a fresh constitution.

The NCP initiated dialogue with the Consensus Commission on Apr 19, however, the exchange was postponed on that day.

Led by Akhtar, the party’s Chief Organiser (North) Sarjis Alam, Joint Conveners Sarwar Tushar and Javed Rasin participated in the discussion.

The meeting was chaired by commission VP Riaz, moderated by the chief advisor’s Special Assistant Monir Haider, and attended by commission members Justice Emdadul Haque, Badiul Alam Majumder, Dr Iftekharuzzaman, Safar Raj Hossain, Mohammad Ayub Miah, among others.

FUNDAMENTAL REFORMS

The NCP outline states that a complete structural reform of Bangladesh’s governance is needed—through which a people-based, participatory and accountable governance system can be established by moving away from the autocratic basis of the state and the constitution, factionalisation of state institutions, centralised power and questionable electoral system.

The party claims that fundamental reforms does simply hinge on electoral overhauls, rather it refers to “structural and policy changes” through which the “balance of power, accountability and decentralisation of power” can be ensured among the various organs of the state—such as the executive, judiciary and legislative branches.

The proposed reforms involve:

>> Constitutional system

>> Balance of power of the prime minister

>> Independent and strong Election Commission

>> Provision of referendum in amending the Constitution

>> Independence of the judiciary

>> Appointment to constitutional posts

>> Interim government during elections

>> ACC reform

>> Local election system reform

>> Public administration reform

The NCP presented 10 recommendations for public administration reform, eight for local government reform, three for ACC reform, seven for the independence of the judiciary, 11 to ensure an independent and strong Election Commission, five for balancing executive power, and eight for constitutional reform.

PROPOSAL TO ESTABLISH NCC

The NCP has proposed the formation of a “National Constitutional Council” to ensure the impartiality and accountability of constitutional institutions and the executive branch.

In addition to the government and the opposition, the party has said that the judiciary and representatives outside the parliament should also be involved in it.

The NCP said that one of the foundations of democracy is that the constitutional institutions of the state such as the auditor general, Election Commission (EC), Anti-Corruption Commission (ACC), Human Rights Commission, etc. should work impartially and with accountability.

These institutions generally protect the rights of ordinary citizens, prevent abuse of power and ensure that state services reach the people through proper governance. At the same time, they bring the executive branch of the state under accountability, it added.

The party says that in the context of Bangladesh, the reality has changed since the appointment process of these institutions has been directly under the sole power of the prime minister, the chief executive of the state, for a long time.

These institutions have been used at different times in the interests of the party government. Sometimes the judiciary has been influenced to obstruct justice, sometimes the opposition has been suppressed by using anti-graft agencies, and sometimes the Election Commission has been appointed to conduct unilateral elections.

These factors have disrupted the balance of power, undermining the effectiveness of public service and democratic institutions that have been co-opted as political tools.

The party advocates for an impartial and democratic appointment system to address the current situation, so it has proposed the establishment of a NCC as part of comprehensive reforms.

The party said that the NCC will be a multi-party representative body, in which representatives from the government and the opposition as well as the judiciary and outside parliament will also be involved.

The proposed members of the council are -- president as chairperson, who would primarily serve as a symbolic leader, the prime minister, speakers of the upper and lower houses of the parliament, the leader of the opposition, the deputy speakers of the upper and lower houses, who would be nominated by the opposition, the chief justice, and a member of a party outside the government and the opposition.

NCP suggests that the Constitutional Council will be the only body on whose recommendations the president will appoint the chief election commissioner and election commissioners.

The president will also appoint the auditor general, the chairman and members of the ACC, the chairman of the Human Rights Commission, the Information Commission, the Local Government Commission, the Labour Commission, the Police Commission, the Public Service Commission and the heads of other agencies as prescribed by law.

The party insists that the NCC will make nominations following a merit-based open vetting process, assessing the professional skills, integrity, constitutional values and previous experience of the candidate.

In some cases, open hearings may be held with the participation of civil society and the media, especially for major appointments.

NCP proposes the council will make a decision based on the “majority opinion” of the members. The president will make the appointment based on that recommendation. If the two sides are equal in terms of opinion, the president will have the opportunity to confirm the decision through voting.

Earlier, while presenting opinion to the commission on Mar 23, Joint Convener Sarwar had said that the NCC can have up to nine members. The decision of the council must be made by a two-thirds vote of the members.

The NCC will be responsible for making appointments to all constitutional posts except the defense forces and the attorney general, it recommended.

If the NCC comes into effect, the NCP believes that it will mark the end of political partisanship in constitutional appointments. Since the appointment power is not solely in the hands of the government or the prime minister, party interference will also be prevented.

WHAT SHADOW CABINET PROPOSAL SAYS

According to the NCP, the shadow cabinet would function as a structured opposition body tasked with regularly monitoring the work of specific ministries.

Its role would be to critique government policies and administrative decisions while offering alternative proposals.

The party believes that introducing a shadow cabinet would make parliamentary politics more effective.

It argues that such a structure would enhance government accountability and help foster alternative leadership.

“The shadow cabinet is not just an opposition framework,” the party says. “It is a component of democratic culture, essential for accountability, alternative thinking, and good governance.

“If Bangladesh is to establish a functioning democracy, forming a shadow cabinet and granting it constitutional recognition is a timely and fundamental reform.”

The NCP also notes that in countries like the United Kingdom, Canada, Australia, and New Zealand, each key ministry has a corresponding "shadow minister" appointed by the opposition.

PROPOSAL FOR AN ELECTION-TIME INTERIM GOVT

The NCP has presented its outline for the appointment process of the chief advisor and advisors to the National Consensus Commission.

According to the party, the sole purpose of the election-time interim government would be to conduct a free and fair election.

When asked about the matter, NCP Joint Convenor Javed told bdnews24.com, “The process of finalising the outline for the election-time interim government is under way. We expect to submit the final draft to the Consensus Commission within a week.”

The interim government's mandate would be limited strictly to managing the election.

Its tenure may range from 70 to 75 days. The party believes that if a functioning Election Commission and a National Constitutional Council are in place, there would be no need for a separate caretaker system; the council could take on the responsibility.

The council would remain until a new government assumes office.

ADDITIONAL RECOMMENDATIONS

According to Article 148(3) of the Constitution, amendments can be passed with a two-thirds majority in parliament.

The NCP believes that for changes concerning fundamental rights, the system of governance, and the structure of the judiciary, public opinion must also be sought.

It argues that such crucial amendments should not rely solely on parliamentary majority but must be subject to a national referendum.

The party recommends that referendums be made mandatory for amendments involving the Constitution's preamble, Article 7 (with specific emphasis on repealing Article 7A), fundamental rights, the electoral system and structure of the Election Commission, judicial independence, the formation and balance of executive power (including matters related to the president, prime minister, and caretaker government), provisions regarding dissolution or tenure of parliament, and the framework of local government.

The NCP has also proposed repealing repressive laws that infringe on fundamental rights, including a reform of Article 33(3) of the Constitution.

It advocates for the annulment of any laws and regulations considered contrary to the freedoms of expression, assembly, and association, as enshrined in Articles 37, 38, and 39.

This includes laws such as Telecommunication Act, which involves monitoring and interception; Digital Security Act, later made the Cyber Security Act -- infamous as a black law, said to have been employed by the Awami League to suppress freedom of expression; Special Power Act, which allows the government to detain individuals without formal charges, ostensibly for public security reasons.

The NCP’s proposal also includes—

>> Formation of a bicameral legislature, where the lower house will remain the current directly parliament, and the upper house will be a National Advisory and Oversight Council elected primarily through proportional representation.

>> MPs will be allowed to vote based on personal conscience and opinion on all matters except for confidence votes and money bills. As per Article 70 of the Constitution, currently, voting against the party or supporting a confidence motion not endorsed by the party leads to disqualification from parliament.

>> Reducing the minimum voting age to 16 and the minimum age for candidacy to 23. At present, the voting age is 18 and the minimum age to contest is 25.

>> Recognising access to information and digital connectivity—particularly internet access—as a fundamental right in the Constitution. The state must ensure affordable and uninterrupted internet services.

>> Mandating at least 100 parliamentary seats for women to be filled through direct elections, with this requirement being constitutionally reserved. Currently, 50 women’s seats are indirectly filled through party nominations.

>> No person may serve as prime minister more than twice, whether in consecutive or separate terms.

>> The positions of prime minister, leader of the house, and party chief must be held by three separate individuals.

>> Separating the roles of prime minister, leader of the house, and party chief to be held by three different individuals.

>> Provision to appoint standing committee chairpersons from the opposition party.

>> MPs may not vote against the party in no-confidence motions against the government, but they may express no confidence in the personal leadership of the prime minister, provided it does not lead to the fall of the government.

>> To ensure an independent and robust Election Commission, it must be formed through a NCC instead of being appointed by the president. Article 118 of the Constitution should include a core provision stating: “In electoral matters, the decisions of the Election Commission shall be final and binding, and no other constitutional entity or individual may assert authority over it.”

>> Serious allegations of misconduct, bias, corruption, abuse of power, or constitutional violations against any current or former Election Commissioner must be investigated by a Supreme Judicial Council.

>> Establishment of a fully independent, non-partisan, and constitutionally mandated Delimitation Commission to replace the current Election Commission's delimitation authority.

>> Reforms in electoral expenditure and codes of conduct, criminalising vote buying, disqualifying loan defaulters, annulling results if fraud is proven post-gazette publication, and enabling provisions for expatriate voting.

>> Formation of an independent administrative secretariat for the judiciary; establishment of a Supreme Judicial Council; appointment of the chief justice based on seniority; introduction of a Judicial Commission and merit-based examinations for appointing judges; impartial evaluation for promotion to the Appellate Division; and setting up permanent High Court benches in divisional cities.

>> Enacting a binding provision that the most senior judge of the Appellate Division will be automatically appointed as the chief justice.

>> Granting the ACC constitutional status; ensuring transparency and integrity in political and electoral financing; submitting campaign expense reports to the ACC; ensuring transparency in political donations; creating an ACC political finance audit cell; annual reporting on party donations and expenses; proper management of electoral funds; and granting the ACC authority to file cases against public and judicial officials independently.

>> Providing constitutional recognition to local government, defining their structure; ensuring representative democracy and autonomy; streamlining service delivery, electoral transparency and accountability; enabling the right to recall elected representatives; managing budgets and finances through digitisation.

>> Reforming public administration to ensure accountable and digitised service delivery; introducing a neutral, timely, and merit-based recruitment and promotion system; establishing a unified and modern administrative structure under the name Bangladesh Administrative Service; ensuring politically neutral transfer and posting policies; removing cadre-based disparities through professional restructuring and merit criteria; establishing independent and constitutional systems for complaint resolution and disciplinary actions; coordinating field and secretariat-level administration; structurally embedding citizen accountability; and promoting technology-driven, participatory, and citizen-centric administration.

At the outset of the meeting with the NCP, National Consensus Commission Vice-Chairman Ali said the fundamental reform roadmap presented by the student leaders-turned-political party, who spearheaded the July uprising, would aid in shaping the path towards establishing a democratic state.

“We have also formally accepted the outline of fundamental reforms submitted by the National Citizen Party.

“We believe that, upon review, this will be reflected in the second phase of our discussions,” he added.

[Writing in English by Syed Mahmud Onindo and Sheikh Fariha Bristy]

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