Law Minister Md. Asaduzzaman
Law Minister Md. Asaduzzaman

Next parliamentary election under caretaker govt: Law Minister

The next national parliamentary election will be held under a caretaker government, Law Minister Md. Asaduzzaman has said.

Earlier in the day on Thursday, the apex court of the country dismissed the appeals filed against the High Court verdict concerning the 15th Amendment to the Constitution, which had introduced several changes, including the abolition of the non-party caretaker government system.

Following this, the law minister shared his reaction at the Secretariat, where he made the remarks in response to questions from journalists.

A newsperson had enquired whether the next national election would be conducted under a caretaker government.

In reply, the law minister said, "Insha'Allah. This is our political commitment. The caretaker government is the fruit of the BNP's movement."

Meanwhile, immediately after the verdict, Attorney General Md. Ruhul Quddus Kazal told newspersons, "The Appellate Division has dismissed the appeals filed against the High Court judgment. This means the High Court's verdict is upheld. When the writ petition challenging the 15th Amendment was filed, the High Court made observations on four matters. Principal among those was the reinstatement of the non-party caretaker government system into the Constitution, the return of referendums, and the upholding of the ruling that annulled Articles 7A and 7B. Ultimately, the High Court’s verdict has been sustained."

The then Awami League government had introduced the 15th Constitutional Amendment, altering several aspects of the constitution, including the abolition of the caretaker government system.

The 15th Amendment Bill was passed in Parliament on 30 June 2011.

The amendment introduced changes to 54 areas of the Constitution. It incorporated provisions for the maximum penalty for the illegal usurpation of power and recognition of Bangabandhu Sheikh Mujibur Rahman as the Father of the Nation, while also restoring the four fundamental state principles to the Constitution: nationalism, socialism, democracy, and secularism.

Following the fall of the Awami League government in the July mass uprising, two separate writ petitions were filed in the High Court in 2024, challenging the validity of the entire 15th Amendment Act as well as several of its specific sections.

Following the final hearing, the High Court delivered its verdict on 17 December 2024. In the ruling, Sections 20 and 21 of the said constitutional amendment act, which had excluded the caretaker government system and referendums, were declared null and void.

The High Court also declared Articles 7A, 7B, and 44(2), which had been incorporated into the Constitution through the 15th Amendment Act, as contradictory to the Constitution and therefore invalid.

The full text of the High Court's verdict was published on 8 July last year. Against that ruling, four prominent individuals, including Citizens for Good Governance (SHUJAN) Secretary Badiul Alam Majumdar, along with others, filed separate petitions for leave to appeal.

Subsequently, on 13 November last year, the Appellate Division granted leave to appeal. Following this, three separate appeals were lodged against the High Court verdict, which were dismissed today.