Bangladesh says yes to national referendum on constitutional reforms. What changes?

Bangladesh’s 13th parliamentary election, held on Thursday, February 12, has delivered a commanding mandate to the Bangladesh National Party (BNP) and its allies.

Simultaneously, voters were asked to decide on an ambitious and wide-ranging constitutional reform package under the “July National Charter (Constitutional Amendment) Implementation Order, 2025.”

Together, the twin exercises — a general election and a constitutional referendum — could reshape the institutional framework of the South Asian nation of 175 million people.

The vote took place against the backdrop of intense political turbulence that began in August 2024, when then prime minister Sheikh Hasina was removed from office following a student-led mass movement known as the July Uprising.

Hasina subsequently left the country
and is currently in exile in New Delhi.

Following her departure, Nobel Peace Prize laureate Muhammad Yunus, now 85, assumed office as interim head of government. His administration oversaw the transition leading to the February 2026 election and initiated the constitutional reform process that culminated in the referendum.

Preliminary counts from domestic television broadcasters
showed the BNP and its allies securing at least 212 of the 299 parliamentary seats contested. The Jamaat-e-Islami and its partners won 70 seats in the Jatiya Sangsad, also known as the House of the Nation.

With over two-thirds of the seats, the BNP has obtained the supermajority threshold required for significant legislative action, including constitutional amendments.

BNP leader Tarique Rahman, son of former president Ziaur Rahman,
is widely expected to take oath as prime minister. He returned to Dhaka in December after 18 years abroad. His mother, former prime minister Khaleda Zia, had long been one of Sheikh Hasina’s principal political rivals.

The scale of participation in the 2026 election marked a significant increase compared to recent years. Media outlets projected that turnout would exceed 60 per cent, substantially higher than the 42 per cent recorded in the 2024 vote.

More than
2,000 candidates contested the election, including a large number of independents, representing at least 50 political parties — the highest number ever featured on a ballot. Voting in one constituency
was postponed following the death of a candidate.

Explained: The 2026 Bangladesh constitutional referendum

Alongside the parliamentary election, citizens were presented with a single ballot question on whether
they approved the July National Charter 2025 — an 84-point reform package drafted after extended consultations among political parties and the National Consensus Commission chaired by Yunus.

The ballot asked voters to express agreement or disagreement with four broad reform areas summarising the 84 proposals. Each voter cast a secret ballot marked either “Yes” or “No.”

The “July National Charter (Constitutional Amendment) Implementation Order, 2025” was formally issued for the purpose of conducting the referendum.

If approved by a majority of voters, the newly elected parliament will function as a constitutional reform council — effectively acting as a constituent assembly.

According to local media reports, including The Daily Star and Jamuna TV, a majority of participating voters supported the reform package. One report cited that 73 per cent of nearly 296,000 counted votes were in favour.

Another reported that more than 2 million voters chose “Yes,” while more than 850,000 voted “No.” However, at the time of reporting on Friday, there had been no official announcement of the final result.

Transforming the structure of parliament

• Currently, Bangladesh operates a unicameral parliamentary system. Under the July Charter, a second chamber would be established. The proposed upper house would consist of 100 seats allocated proportionally based on the vote shares of parties in the general election.

• Constitutional amendments would require approval by a two-thirds majority in the lower house and a majority vote in the upper house. Impeachment of the president would require two-thirds support in both chambers.

• The package also stipulates that the deputy speaker of the lower house must come from the opposition party, thereby formalising opposition representation in parliamentary leadership.

• Article 70 of the existing Constitution, which bars members of parliament from voting against their party line — effectively prohibiting floor-crossing — would be abolished. This change would allow legislators to break with party positions.

• Reserved seats for women in the lower house would be gradually increased up to 100 seats.

• Additionally, any major international treaty involving national security would require approval from both houses.

Caretaker government and emergency powers

• The reform package seeks to reinstate the caretaker government system, which had previously been abolished.

• Under the proposal, caretaker administrations would be formed through consensus among the ruling party, the main opposition and the second opposition parties.

• Future reforms to the caretaker system would require approval through a national referendum.

• Changes to emergency powers are also central to the charter. Declaration of a state of emergency would no longer be solely at the discretion of the prime minister.

• Instead, it would require approval from cabinet members and the leader and deputy leader of the opposition. Moreover, fundamental rights would not be suspended during an emergency.

• The package limits any individual from serving as prime minister for more than 10 years, effectively instituting a two-term limit.

Presidency and institutional appointments

• The reforms alter the process for presidential elections. The president would be elected by members of the lower house through secret ballot.

• The president would gain independent authority to appoint heads and members of several institutions, including the National Human Rights Commission, Information Commission, Press Council, Law Commission and Bangladesh Energy Regulatory Commission. Under the current system, such appointments are tied more directly to the prime minister and chief justice.

• Presidential pardons would require the consent of victims’ families.

• The ombudsman would be appointed under the supervision of parliamentary leaders and appellate division justices.

Judicial restructuring and independence

• The July Charter guarantees full constitutional freedom of the judiciary and strengthens the Supreme Judicial Council. The Supreme Court would assume control over appointments of lower court judges.

• The chief justice would be appointed from among judges of the appellate division, and the chief justice would determine the number of appellate division justices based on institutional needs.

• Appointments to the high court would be vested solely in the chief justice. High court benches would be established in each division as necessary.

• Reforms introduced by the interim government — including digitalisation of court management, increased judicial manpower, establishment of a Supreme Court secretariat, creation of an independent criminal investigation service, and mandatory codes of conduct for judges and lawyers — would be recognised through legislation.

Fundamental principles and rights

• The proposed amendments redefine the Constitution’s core guiding principles. Bengali nationalism, democracy, socialism and secularism would be replaced by equality, human dignity, social justice, religious freedom and harmony.

• Secularism and freedom of religion would be defined as ensuring coexistence and due dignity for all communities.

• All mother languages spoken in Bangladesh would be recognised as state languages alongside Bengali.

• The term “Bangladeshi” would replace “Bengali” as the nationality of citizens.

• New fundamental rights would include the right to uninterrupted internet access and the right to protection of personal information.

• A new article would be added to prevent misuse of constitutional powers.

Administrative and governance reforms

Beyond constitutional amendments, the charter proposes 37 legislative and executive reforms.

• An independent and permanent Public Administration Reform Commission would be created.

• The existing Public Service Commission would be divided into three separate bodies: Public Service Commission (General), Public Service Commission (Education) and Public Service Commission (Health).

• Separate opposition-led committees would oversee appointments to the Public Service Commission, the office of the Comptroller and Auditor General, and the Anti-Corruption Commission.

• Gerrymandering authority would be removed from the Election Commission and vested in a specialised parliamentary committee.

• The Election Commission itself would be constituted under the supervision of the Speaker, Deputy Speaker, Prime Minister, Leader of the Opposition and Chief Justice.

• The National Legal Aid Agency would be converted into a directorate.

• Comilla Division and Faridpur Division would be newly established.

What lies ahead for Bangladeshis

Political analyst Iraj Ahmed said the package was difficult for many voters to comprehend and described it as “uninformed” in public understanding. Speaking to PTI news agency, he warned, “If it is passed, Bangladesh’s almost 55 years of constitutional continuity will virtually come to an end.”

Prominent lawyer Tania Amir said the referendum and reforms risked “voiding our history.” Leading jurist Swadhin Malik told PTI, “The 1972 Constitution is the legal backbone of Bangladesh. Attempts to scrap it mean questioning the very legal basis of Bangladesh as a state.”

Malik further argued that many decisions contained in the July Charter were inconsistent with the current Constitution, and questioned the legality of issuing the gazette while the Constitution remains operative.

Foreign relations expert and former ambassador Mahfuzur Rahman observed that the summary format of the ballot did not clearly explain the implications of each reform.

Legal scholars noted that combining numerous complex proposals into a single yes-or-no vote may have made it difficult for voters who supported some changes but opposed others.

In a national address on February 9, Yunus urged citizens to support the charter, stating, “If the ‘Yes’ vote wins in the referendum, Bangladesh’s future will be built in a more positive way.” Earlier, when announcing the charter, he
described it as a step toward a “civilised society from barbarism.”

Ali Reaz, co-chair of the National Consensus Commission and a principal drafter of the charter, said that if endorsed, the next parliament would operate as a constitutional reform council and proceed with amendments within 180 working days.

Bangladesh has previously held three referendums — in 1977, 1985 and 1991. The first two asked voters whether they had confidence in the sitting president and his policies.

The third sought approval to shift from a presidential system back to parliamentary democracy. In all three instances, voters overwhelmingly endorsed the proposals.

The referendum mechanism had been abolished in 2011 but was reinstated by a High Court ruling in 2024 after Sheikh Hasina’s removal.

The final outcome will determine whether Bangladesh embarks on the most extensive constitutional transformation since the adoption of the 1972 Constitution — a foundational document that has been amended 17 times but never replaced in its entirety.

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With inputs from agencies