The July uprising was triggered by the oppression of citizens during Sheikh Hasina’s regime, leading to a loss of trust in the government’s ability to govern. The democratic and republican essence of the state was undermined as the Constitution was manipulated and disregarded when the head of government fled to India. Consequently, political authority shifted back to the people, who hold ultimate sovereignty.
The principle that citizens have the right to change or remove a government that betrays their trust has a long history in political theory. This concept is famously articulated in the U.S. Declaration of Independence, which asserts that people have the right to alter or abolish a government that violates their unalienable rights and establish a new one.
The interim government established from 2024 to 2026 operated outside the formal Constitution, relying on the people’s sovereign authority. This unique position granted the government the power to initiate concrete actions to reform the state apparatus, restore democracy, and safeguard citizens’ rights. The July National Charter and the July National Charter (Constitution Reform) Implementation Order, 2025 were enacted based on this authority.
Although the interim government represented the people’s sovereignty, defining the extent and boundaries of this authority was challenging. To ensure the effective implementation of the charter and order, two additional steps were taken: a referendum for direct citizen involvement and the formation of a Constitution Reform Assembly (CRA) composed of elected representatives. This approach placed the people at the core of the constitutional reform process.
On February 12, alongside electing new parliament members, citizens participated in a referendum. The referendum raised crucial questions, including whether the next parliament should serve as a national legislature and a Constitution Reform Assembly and if significant changes to the checks and balances system should be made as outlined in the July charter. Over 75 million voters took part, with 61.63 percent voting in favor.
Nevertheless, uncertainties loom over whether the winning party, BNP, will honor the referendum results. BNP’s reluctance to take the oath for the assembly, citing constitutional concerns, is baseless. The people’s supremacy, recognized in Article 7 of the Constitution, overrides such objections. By rejecting the oath, BNP is defying the popular endorsement expressed through the referendum, undermining the people’s decision.
The significance of a referendum lies in granting citizens a direct role in shaping democratic outcomes. Referendums have gained popularity globally for enabling direct citizen participation in decision-making processes, exercising sovereign authority, expressing collective will, and resolving disputes when political parties fail to reach consensus. The February 12 referendum unequivocally reflects the collective will of the people, and politicians are expected to uphold democratic values by respecting the citizens’ choices.
The July charter aims to address the historical failures of traditional democratic checks and balances by introducing complex accountability mechanisms to restrain the executive power. Implementing these mechanisms is crucial to dispersing power and reducing the dominance of the prime minister, as evidenced by recent actions that highlight the need for robust checks and balances.
If the Constitution Reform Assembly is not established, amending the Constitution under Article 142 could face challenges due to the basic structure doctrine, which prohibits altering fundamental constitutional features through parliamentary amendments. The people’s exercise of constituent power through the referendum underscores the importance of forming the assembly to implement essential reforms outlined in the charter.
In conclusion, the referendum results reflect the people’s will, and it is imperative for political leaders to prioritize the citizens’ choices over personal agendas for the sake of upholding democratic principles and legitimacy.
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