In the wake of July 2024 mass uprising that toppled an authoritarian regime, the call for a 'New Constitution' by a 'Constituent Assembly' in Bangladesh rapidly transitioned to political discourse. It initially began as an impassioned demand from July movement activists, later evolved into a structured movement.
Following the July movement, student coordinator and former IT advisor Nahid Islam, now NCP Convener, emphasized that a Constituent Assembly must draft the new constitution to reflect the 2024 uprising. Interim Adviser Mahfuz Alam later declared the charter would be enacted within the current government's tenure, proposing a two-year Constituent Assembly formed by ordinance to revise the CRC's recommendations and finalize the draft through a public referendum.
This vision led to the formation of the National Citizen Party (NCP), which launched the 'Second Republic' discourse, calling for major state restructuring and a new constitution. Even Ali Riaz, now head of the CRC and vice president of the National Consensus Commission, earlier told the media that ending autocracy and establishing democracy requires rewriting the constitution.
The demand for a new constitution and a Constituent Assembly however, faced strong opposition from experts including Dr Shahdeen Malik, as Malik warned, "If it takes four to five years or even longer to finalize a new constitution through consensus, will the country be governed by an unelected interim authority during that entire period?"
BNP dismissed the Constituent Assembly proposal as a 'political diversion' aimed at delaying national elections. The party argues that constitutional reform is possible within the current parliamentary framework. It advocates restoring the constitution to its pre-Fifth Amendment form reversing autocratic distortions without pursuing a full rewrite. BNP also rejects comparisons between the 1971 Liberation War and the 2024 movement and suggested the latter be acknowledged in a Schedule or preamble, not as the constitution's foundational moment.
The BNP's stance is echoed by the Communist Party of Bangladesh (CPB) and several other like-minded parties, who view the "Second Republic" discourse as legally ungrounded and politically motivated. These parties argue that the 2024 mass uprising is significant but it did not lead to the birth of a new state. Therefore, it does not warrant the drafting of a fresh constitution akin to that of 1972.
Former CPB president Muzahidul Islam Selim provided historical and philosophical context to the debate. "Writing the Constitution of a nation is closely related to its birth, course of actions and the forces of that particular time. No constitution is 'Chants of Veda'. It requires amendments from time to time to remain enriched and relevant," he observed. While affirming the necessity of public participation, Selim cautioned against impulsive restructuring. "There is no ground for a new constitution 54 years after our independence, rather we should safeguard it from politically motivated distortions. A free and fair election is essential and necessary reforms can be made to ensure that."
Amidst the debate, Asif Nazrul, Adviser to the Ministry of Law, Justice and Parliamentary Affairs, intensified the debate by stating that drafting a new constitution may take two to three years or longer citing examples from neighbouring countries where it took up to nine years. He emphasized moving beyond the 1972 Constitution and using the July proclamation as the foundation for a new charter. However, Ali Riaz clarified over the phone that Nazrul's remarks reflected his personal views and claimed "Most advisers may not say like this."
NCP and allied groups continue pressing for a new constitution as Nahid outlined a NCP-style blueprint in a Facebook manifesto following Asif Nazrul's remarks. Inspired by the Liberation War and the 2024 uprising, while rejecting both secularism and theocracy as exclusionary, the NCP envisions an 'inclusive democratic state' rooted in Bengal Delta's pluralistic heritage, emphasizing gender equity, climate resilience and resistance to 'Indian hegemony'. The party presents itself as the vanguard of a 'Second Republic' arguing that dismantling the 'fascist order' requires constitutional rebirth.
The government meanwhile, formed the Constitutional Reform Commission instead of a Constituent Assembly assigning it two main tasks- to review the current constitution and to propose comprehensive reforms through additions, deletions and revisions to promote democratization and participatory governance. After the CRC submitted its report, the government established the National Consensus Commission led by Interim Chief Adviser Professor Muhammad Yunus with Professor Ali Riaz as vice-chair primarily to formulate a 'national charter'.
Riaz has shifted from demanding a new constitution placing the responsibility on political parties. "The National Consensus Commission is working to draft a people-oriented national charter with all parties," Riaz told. "Political parties will decide whether to amend the constitution or draft a new one to prevent new dictatorships."
Terming the existing constitution 'Mujibist,' NCP leader Hasnat Abdullah again demanded a new constitution on July 25. However, legal and political scholars argue that promulgating a new constitution via interim ordinances or special parliamentary mechanisms lacks precedent in non-revolutionary settings. They warn its legitimacy depends entirely on public participation and cross-party consensus, without which it may face domestic and international backlash.
