IN A MEETING with the National Consensus Commission held on July 13, all parties included in the process have agreed on the method of appointing the chief justice of the Supreme Court, as well as measures to ensure that the declaration of a state of emergency cannot be misused. The current constitution allows emergency declarations for up to 120 days and requires only the prime minister’s signature. According to the proposed revision of Article 141A(1), the president may declare a state of emergency for a period not exceeding 90 days if satisfied that the security or economic life of Bangladesh is under threat from war, external aggression or natural calamity. The proposed amendment also includes that a prior written approval from the cabinet will now be required. However, it is not clear how the views of the parliamentary opposition on the crisis will be weighed in before declaring a state of emergency. Some parties suggested such decisions be made through an all-party meeting. In a cabinet controlled by a single party, as Bangladesh witnessed during the deposed Awami League regime, the provision of cabinet approval may not be an immunity to misuse.

In the past, during the state of emergency, the political climate had been one of fear in which fundamental rights were curtailed or constrained. The parties therefore also agreed that a state of emergency must uphold the citizens’ right to life, and their rights to trial, as enshrined in Article 35, shall not be curtailed except in circumstances subject to Article 47A.  Article 35 safeguards the legal rights of individuals accused of criminal offences, including their protection from torture and cruel, inhuman, or degrading treatment or punishment, while Article 47A excludes persons accused of genocide, crimes against humanity, or war crimes from the protections guaranteed under Article 35. These amendments are a welcome protection of fundamental rights; however, there are still issues to consider preventing future partisan misuse of the provision. The terms to define a threat to national security included in the amendment are subject to party-specific interpretation. The other fundamental rights, such as freedom of speech and freedom of assembly, which have often been denied under a state of emergency, are crucial to overcoming a moment of national crisis and should therefore be protected under all circumstances.


The National Consensus Commission and the political parties included in the process of proposing amendments to provision of national emergency should therefore universally ensure that basic rights and freedoms are guaranteed to individuals, including freedom of speech and assembly, because they are crucial to maintaining national unity in times of national crisis.



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