Consensus Reached on Constitutional Amendments for Chief Justice Appointment and Emergency Provisions: Ali Riaz

Dhaka, July 13, 2025: Professor Ali Riaz, Co-Chair of the National Consensus Commission, announced that political parties have reached a consensus on necessary amendments to several constitutional articles concerning the appointment of the Chief Justice and the declaration of a state of emergency. The announcement was made following the 12th day of the second phase of discussions with political parties at the Foreign Service Academy in Dhaka on Sunday.

Regarding the appointment of the Chief Justice, Professor Riaz stated that a consensus was achieved during the meeting. He noted that in a previous meeting, political parties had agreed in principle to amend Article 95 of the Constitution, which pertains to the appointment of the Chief Justice from the Appellate Division by the President. In today’s meeting, three additional points were agreed upon.

Professor Riaz elaborated, “The President shall appoint the senior-most judge of the Appellate Division as the Chief Justice. However, if a political party or alliance secures a public mandate through their election manifesto, they may amend the Constitution to allow the President to appoint the Chief Justice from among the two senior-most judges of the Appellate Division. However, a judge under investigation for misconduct or incapacity under Article 96 of the Constitution will not be eligible for appointment as Chief Justice.” On the issue of declaring a state of emergency, Professor Riaz said that the discussions led to a consensus on amending Article 141(A) of the Constitution. The amendment replaces the term “internal disturbance” with “threats to state sovereignty, integrity, or public health crises or natural disasters.” Additionally, instead of requiring the Prime Minister’s countersignature, the declaration of a state of emergency will now require Cabinet approval. The Leader of the Opposition, or in their absence, the Deputy Leader of the Opposition, must be included in the Cabinet meeting discussing the emergency declaration. Furthermore, during a state of emergency, the right to life and the fundamental rights outlined in Article 35 regarding justice and punishment will not be curtailed, subject to the provisions of Article 47(A). The meeting saw participation from 30 political parties, including the Bangladesh Nationalist Party (BNP), National Citizen Party (NCP), Jamaat-e-Islami, Communist Party of Bangladesh (CPB), Islami Andolan Bangladesh, and Gono Songhoti Andolon.

Present at the meeting were National Consensus Commission members Safar Raj Hossain, Justice Md. Emdadul Haque, Badiul Alam Majumdar, Iftekharuzzaman, Md. Ayub Miah, and Monir Haider, Special Assistant to the Chief Adviser