Why Bangladesh elections are being accompanied by a national referendum

As Bangladesh today heads to its first polls since the ouster of former prime minister Sheikh Hasina, electors will also simultaneously vote on structural changes to state institutions as part of a national referendum. The election is a direct contest between frontrunner Tarique Rahman’s Bangladesh National Party (BNP) and a coalition led by the Islamist Jamaat-e-Islami. This referendum, on the other hand, is essentially a yes-or-no vote on the July National Charter that was unveiled by the Muhammad Yunus-led interim government in August last year, on the first anniversary of Hasina’s toppling. The charter proposes over 80 reforms, around half of which are constitutional in nature. Here is a look at why the referendum was announced, what reforms it proposes to bring, where Bangladesh’s parties stand on this, and why this is not a unique exercise in the country. What was the reasoning for the charter? The charter seeks to introduce key reforms to Bangladesh’s politics and institutions and give constitutional recognition to the August 2024 uprising that forced Hasina to flee to India. The Yunus-led interim government has said the charter is necessary to establish democracy and prevent “recurrence of authoritarian and fascist rule”. While publicly campaigning for a “yes” vote, the interim government has delegated the decision on implementing these constitutional changes to the electorate. Each person will cast their vote by secret ballot. If a majority votes in favour, a Constitutional Reform Council will be formed to complete the reforms within 180 working days from its first session. But if a majority of the people vote “no”, the incoming parliament will not be politically bound to implement the provisions. What are some of the proposed reforms? Some of the key proposed reforms include the creation of a bicameral legislature, introducing prime ministerial term limits, bringing in anti-defection provisions, and forming a new Judicial Appointments Commission. One of the most crucial proposals is one that effectively bars the ruling party from unilaterally making further constitutional changes. The charter also proposes increasing women’s political representation, enhancing presidential powers, expanding fundamental rights and protecting judicial independence. The referendum ballot consolidates the proposed reforms into four categories. And electors will have to cast a single yes-or-no vote on whether they approve of the charter. This has caused controversy as people will not be able to vote on each proposed reform. The structure of the referendum The referendum ballot will carry a single question that will be followed by the four consolidated reform proposals. The text will read as follows: Do you agree with the ‘July National Charter (Constitutional Reform) Implementation Order, 2025’ and the following reform proposals contained in the July National Charter? (a) The election-time caretaker government, Election Commission, and other constitutional institutions will be constituted in accordance with the procedures described in the July Charter. (b) The next parliament will be bicameral. An Upper House consisting of 100 members will be formed in proportion to the votes received by the political parties in the national election, and any constitutional amendment will require the approval of the majority of the Upper House members. (c) The political parties winning the next election will be obliged to implement the 30 proposals on which consensus was reached among the political parties in the July National Charter regarding the increase of women’s representation in parliament, election of the deputy speaker and parliamentary committee chairmen from the opposition, limiting the term of the prime minister, enhancing the powers of the president, expanding fundamental rights, ensuring judicial independence, and strengthening local government. (d) Other reforms described in the July Charter will be implemented as pledged by the political parties. Where do Bangladesh’s parties stand on this? Two of Bangladesh’s biggest parties — the BNP and the Jamaat-e-Islami — have signed the July charter. The Jamaat, in particular, views the exercise as a unique opportunity to change a system that ensured Awami League and BNP dominance for over 50 years. But, as strategic affairs expert Bashir Ali Abbas wrote for The Indian Express earlier, the BNP is uncomfortable with the exercise. It has acquiesced for now because it feels that it can modify these changes if elected to power, of which it is confident. If voters favour the charter, it is possible that a BNP-led government might slow-pedal particular systemic changes, but a Jamaat-led government is more likely to push for faster implementation. Ultimately, the referendum implies that Bangladesh’s political transition will not necessarily end with the February 12 elections, Abbas wrote. ## Has Bangladesh held referendums before? According to a Reuters report, Bangladesh held three referendums before the Hasina government abolished the provision in 2011. A High Court reinstated it in 2024 after she was ousted. While the 1977 and 1985 referendums asked people if they had confidence in the then presidents and their policies, the third, in 1991, asked whether Bangladesh should return from a presidential system to parliamentary democracy. People overwhelmingly voted “yes” in all three referendums, the report said.