The apex court of the country has 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.
A four-member bench of the Appellate Division, led by Chief Justice Zubayer Rahman Chowdhury, delivered the verdict Thursday morning.
As a result, the High Court’s judgment reinstating the caretaker government system and the provision for referendums stands upheld, according to lawyers.
Three separate appeals had been lodged against the High Court's ruling on the 15th amendment. One was filed by four individuals, including Badiul Alam Majumdar, the Secretary of Citizens for Good Governance (SHUJAN); another was submitted independently by Md. Mofazzal Hossain, a resident of Naogaon. In addition, Mia Golam Porwar, the Secretary General of Jamaat-e-Islami, filed a separate appeal.
During a briefing on Wednesday, Attorney General Md. Ruhul Quddus Kazal stated that the 15th amendment had essentially brought about a radical overhaul of the country's constitution.
He noted that this amendment had impeded everything, including freedom of speech, democracy, the future progress of the nation, and the democratic journey.
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 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 hearing on the separate appeals filed against the High Court verdict commenced last Monday.
Following hearings concluded on Tuesday and Wednesday, the Appellate Division scheduled today for the delivery of the verdict.