Home Minister Salahuddin Ahmed on Sunday clarified that the referendum held alongside the thirteenth national parliamentary election was not a constitutional referendum under Article 142 of the Bangladesh Constitution.

He stressed that such a referendum is fundamentally different from a general election or ordinary voting process.

“The referendum conducted under Article 142 of the Constitution and a general election or other vote are not the same thing. A constitutional referendum is a special procedure used for particular needs, and its nature and purpose are entirely different from ordinary voting,” the Home Minister told journalists at the Secretariat.

Responding to questions about February 12 referendum held alongside the national polls, Salahuddin Ahmed said the vote was carried out by the Election Commission under the Referendum Ordinance and the Representation of the People Order.

“This referendum is not the referendum under Article 142. The Article 142 referendum is required when amendments are proposed to certain fundamental constitutional provisions, particularly those related to the preamble and Articles 8, 48, 56, and 142. In such cases, the President must seek direct public opinion before approving any amendment,” he explained.

The Home Minister said the proposal for the referendum originated in the National Consensus Commission, where he himself had raised it. “I proposed it. We said the July Charter would be signed, and we needed a legal basis for it. At that time, we saw no other way to provide that legal foundation,” he said.

Elaborating on the distinction, Salahuddin Ahmed said Article 142 empowers the state to seek direct public consent for changes to key constitutional structures or major provisions. “It is a special mechanism for obtaining the people’s direct view on fundamental changes. It should not be equated with ordinary elections,” he added.

Asked whether another referendum could be held in the future, the Home Minister said it would depend on the legal framework.

“If a referendum is needed again, it must be done either under Article 142 or outside the Constitution. Since the Constitution does not say the government cannot hold any other referendum, a separate law would need to be passed if the government wants to hold one on another issue,” he concluded.