The ‘doctrine of political question’ could be applied in the implementation of the July Charter, as political leaders have already reached a consensus on the matter after extensive discussions, Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik (SHUJAN), said today (8 March).
“The solution to the current debate about the referendum is being sought in the Constitution. But the constitution does not provide a clear solution to the issue,” he said at a seminar titled ‘Constitutional Recognition of July: Citizens’ Expectations from the Government and the New Parliament’, held at the CIRDAP auditorium in the capital.
“The interim government came to power through a mass uprising rather than through constitutional provisions. The government’s order on implementing the July Charter and the people’s verdict in the referendum already provide a solution,” he added.
Badiul explained that in the legal arena, there exists a doctrine known as the ‘doctrine of political question’, which suggests that certain political matters, particularly those involving political compromise or consensus, should remain beyond the jurisdiction of the courts.
At one stage of his speech, he questioned the benefit of BNP lawmakers in creating “unnecessary controversy” by refusing to take the oath as members of the Constitution Reform Council. He said attempts to create division and disagreement from the very beginning of forming the government would only complicate matters.
At the seminar, Akhtar Hossain, member secretary of the National Citizen Party (NCP), also criticised BNP lawmakers for not taking the oath as members of the Constitution Reform Council despite clear legal provisions.
Criticising the political stance of the BNP, Akhtar said, “The party initially campaigned in favour of a ‘No’ vote in the referendum but later supported a ‘Yes’ vote after sensing public sentiment. Now the party is attempting to question the referendum verdict by taking the matter to court.”
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