Petition seeks complete annulment of 15th amendment

A petition on Monday was filed with the Appellate Division, challenging the High Court ruling that declared only certain provisions of the 15th Amendment to the Constitution—including the abolition of the caretaker government system—unconstitutional. The petitioner demanded the complete annulment of the amendment.

Senior Advocate of the Supreme Court Sharif Bhuiyan filed the appeal on behalf of Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik (SHUJAN).

Sharif Bhuiyan told reporters that, “We sought the cancellation of the entire 15th Amendment in the

High Court, but the court only struck down a few provisions, which has created several complications.”

“Although the provisions abolishing the caretaker government were invalidated, several other conflicting articles remain, which must be addressed to fully reinstate it,” he said.

“The 15th Amendment had abolished the provision for the oath of the chief adviser, but the High Court’s verdict did not restore it,” he added.

Badiul Alam Majumdar, the petitioner, said, “The appeal has been filed seeking the complete annulment of the amendment due to legal and procedural flaws.”

On 17 December last year, the High Court invalidated some provisions of the 15th Amendment, including the caretaker government system, and brought back the provision for referendum in the Constitution, but did not annul the entire amendment.

The High Court, in its observation, said democracy is an integral part of the basic structure of the country’s constitution, which flourishes through free, fair, and impartial elections.

The last three parliamentary polls under partisan governments failed to reflect the people’s will, which eroded public confidence in credible elections that ultimately led to the July uprising.

In the verdict, the High Court also said the caretaker government system was introduced to ensure impartial elections and foster political stability. The system was introduced through political consensus.

About the referendum, the court said, “The beauty of the constitution lies in empowering the people. The people are the source of all power.”

The High Court, however, did not interfere in the provisions of the 15th Amendment Act, which deals with the state principles, including the state region, secularism, socialism, nationalism, father of the nation, and the number of reserved seats for women in parliament, saying future governments will decide on these issues.

The HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury delivered the verdict on two writ petitions filed challenging the validity of the 15th Amendment to the Constitution.

In its verdict, the court also struck down Articles 7(A), 7(B), and 44(2) of the Bangladesh Constitution, declaring them void and unconstitutional. Article 7(A) deals with “offence of abrogation, suspension, etc.,” and Article 7(B) states that the “basic provisions of the constitution are not amendable,” whereas Article 44(2) is about the enforcement of fundamental rights, allowing parliament to empower subordinate courts to exercise similar jurisdiction under Article 102.

BP/SP