Appellate Division upholds HC verdict restoring caretaker government, referendum in constitution
The Appellate Division said that any decision regarding the other changes introduced through the 15th Amendment would now rest with the Jatiya Sangsad.
The Appellate Division of the Supreme Court today (9 July) upheld the High Court verdict that declared several provisions introduced through the Constitution's 15th Amendment illegal, including the abolition of the caretaker government system.
The five-member bench of the Appellate Division, headed by the chief justice, delivered the verdict this morning, dismissing the appeals challenging the High Court judgment.
With the appeals rejected, the High Court ruling remains in force, effectively restoring the constitutional provisions relating to the caretaker government system and referendum.
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According to the verdict, Article 7B of the Constitution, which made certain constitutional provisions unamendable, has been struck down. The judgment also reinstates the caretaker government system and the provision for holding referendums on constitutional matters.
The court further affirmed that the authority to enforce fundamental rights will remain exclusively with the Supreme Court.
The Appellate Division said that any decision regarding the other changes introduced through the 15th Amendment would now rest with the Jatiya Sangsad.
The 15th Amendment was passed by the Jatiya Sangsad on 30 June 2011 and received presidential assent on 3 July 2011.
The amendment abolished the caretaker government system, granted constitutional recognition to Sheikh Mujibur Rahman as the Father of the Nation, increased the number of reserved parliamentary seats for women from 45 to 50, restored secularism and freedom of religion, and reinstated nationalism, socialism, democracy and secularism as the fundamental principles of state policy.
It also classified the unconstitutional seizure of state power as treason punishable by the maximum penalty and amended the constitutional provision on parliamentary elections by requiring polls to be held within the 90 days preceding the expiry of parliament's term instead of within the 90 days following its dissolution.
In August 2024, five eminent citizens, including Badiul Alam Majumdar, filed a writ petition before the High Court seeking the annulment of the amendment. On 19 August that year, the High Court issued a rule asking why the amendment should not be declared inconsistent with the Constitution.
Later, BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat-e-Islami Secretary General Mia Golam Parwar, Gono Forum and several individuals and organisations joined the proceedings as interveners. Freedom fighter Md Mofazzal Hossain also filed a separate writ petition.
Following hearings, the High Court on 17 December 2024 struck down several provisions, including those abolishing the caretaker government system, Articles 7A and 7B, Article 44(2) relating to enforcement of fundamental rights, and the repeal of the referendum provision under Article 142.
Badiul Alam Majumdar and others, Md Mofazzal Hossain, and Mia Golam Parwar subsequently sought leave to appeal. Counsel for the petitioners argued before the Appellate Division that the 15th Amendment should be annulled in its entirety.
Today's verdict upholds that ruling and brings back key constitutional provisions that had been removed under the amendment.
