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Dhaka Tribune

BNP urges CJ appointment from top Appellate Division judges

'Given past inconsistencies in state affairs, we believe that limiting the choice to a single individual may lead to controversial appointments,' says BNP leader Salahuddin Ahmed

Update : 22 Apr 2025, 05:39 PM

The BNP on Tuesday proposed that the chief justice be appointed from among the top two to three most senior judges of the Appellate Division to prevent controversial appointments in the future.

The proposal was made during a dialogue with the National Consensus Commission at the LD Hall of the Jatiya Sangsad.

Speaking to the media during the lunch break, BNP Standing Committee Member Salahuddin Ahmed elaborated on the party’s position.

"The Reform Commission has recommended that the most senior judge of the Supreme Court be appointed chief justice. We disagree. Given past inconsistencies in state affairs, we believe that limiting the choice to a single individual may lead to controversial appointments. To ensure complete judicial independence, such risks must be avoided," he said.

Salahuddin suggested that the appointment should be made from among the two or three most senior judges of the Appellate Division. "That proposal has not yet been accepted. Discussions are ongoing," he added.

Referring to the principle of necessity, he said: “Necessity creates law. National security is the supreme law for us. It is practical to keep several options open; otherwise, the state may fall into undesirable hands.”

On the structure of the Cabinet, Salahuddin noted a difference in interpretation. "They said the Cabinet would be collectively led by the prime minister, but we believe this undermines the prime minister’s authority. We argued that the prime minister’s authority must be clearly upheld."

Regarding the Reform Commission’s proposal to limit a person to two terms as prime minister, BNP expressed disagreement.

The party instead suggested that a person could return to the post after a break following two terms.

However, in a previous meeting, discussions leaned towards allowing a person to serve three terms in total—an idea the BNP reportedly responded to positively. “Wait for the alternative proposal. They haven’t formally presented it to us yet,” said Salahuddin.

On the matter of separating leadership roles, he said: "There was discussion on ensuring that one individual does not simultaneously hold the positions of prime minister, party chief, and parliamentary leader. The parliamentary party of the majority should decide who becomes prime minister. It is not mandatory for the party head to assume that role. There are global examples supporting this."

"Whoever becomes prime minister should also serve as leader of the house. That has been the tradition. Although some countries separate these roles, the leader of the house here holds no executive authority, so the two roles are essentially inseparable," he added.

Regarding the non-partisan caretaker government, Salahuddin said the BNP agreed with proposals for a 14-member advisory council, routine duties of the council, and the provision that if the chief adviser resigns, another adviser would be nominated to the post.

The party also agreed that political symbols should not be used in local government elections.

On matters concerning law enforcement and human rights, Salahuddin said: “We are broadly in agreement, but further discussion is required. The armed forces, police, and other units are constitutionally defined as disciplined forces. Therefore, any abrupt provisions may create imbalances and should be approached cautiously.”

Salahuddin also voiced support for a bicameral legislature. “We support a two-chamber parliament. They have proposed the names 'Senate' for the upper house and 'Jatiya Sangsad' for the lower. We agree.”

On women’s representation, the BNP supports reserving 100 out of 400 lower house seats for women, though it expressed differing views on the method of electing those representatives.

Salahuddin further said that the BNP has proposed increasing the powers of the president. “We are considering which specific powers can be entrusted to the president to be exercised independently of the prime minister. Details will be disclosed later.”

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