The High Court has given an observation declaring sections 20 and 21 of the fifteenth amendment, which abolished the non-partisan caretaker government system, contradictory to the constitution and void.
The court said that these two sections destroyed the basic structure of the constitution, which is democracy.
The court has also declared articles 7A, 7B, and 44 (2) added to the constitution through the fifteenth amendment, contradictory to the constitution and annulled.
The High Court bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury delivered the verdict today, Tuesday after the final hearing of separate writ petitions on the validity of the much-debated fifteenth amendment of the constitution and several sections of the act, including the abolition of the caretaker government system.
Addition, correction and substitution had been brought on 54 questions through the fifteenth amendment. In the observation the court stated that the fifteenth amendment is not being annulled entirely.
The court has left the responsibility of taking decision regarding the remaining issues on the next national parliament. The court stated in the observation that the parliament with public’s mandate can amend, rectify and change the rules according to law.
The court also observed that the rules of referendum had been abolished which was a part of article 142 of the constitution. It had been included in the twelfth amendment back in 1991.
Section 47 of the fifteenth amendment relating to abolition of referendum from article 142 of the constitution is declared void for being inconsistent with the fundamental structure of the constitution. Therefore, article 142 from the twelfth amendment is reinstated, the court added.
Article 7A, 7B, and 44 (2) of the fifteenth amendment have been annulled with High Court’s order. Article 7A had declared abrogation, suspension etc. of the constitution as offence and article 7B had declared the basic provisions of the constitution “non-amendable”.
Meanwhile, article 44 talks about enforcement of fundamental rights. And, the article 44 (2) says, without prejudice to the powers of the High Court division under article 102, parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of those powers. This article has been declared void in this ruling.
During the Awami League government’s rule the fifteenth amendment was accepted at the National Parliament on 30 June 2011. Then on 3 July 2011 a gazette had been published in this regard.
Five eminent personalities including Shushashoner Jonno Nagorik (SHUJAN) secretary Badiul Alam Majumdar filed a writ petition on 18 August challenging the fifteenth amendment.
Following preliminary hearing the High Court gave a ruling on 19 August. The ruling asked, why the fifteenth amendment won’t be declared contradictory to the constitution.
Many including Bangladesh Nationalist Party (BNP), Gano Forum, Bangladesh Jamaat-e-Islami, organisations and individuals joined the ruling as interveners. Lawyers representing the writ petitioners, state, BNP, Jamaat, Gano Forum, organisations and individuals presented their statements in the hearing.
Meanwhile, freedom fighter Md Mofazzal Hossain a resident of Narayanpara area in Raninagar upazila of Naogaon filed another writ petition in last October challenging the legality 16 sections on the fifteenth amendment. The same High Court bench gave a ruling on 29 October following an initial hearing on the writ petition.
It was asked in that ruling why those sections of the fifteenth amendment won’t be declared conflicting to the constitution. Hearing on the ruling was completed on 4 December, the twelfth day. The court on the next day, fixed 17 December as the date of ruling. In continuation of that the court declared the ruling with observation partially absolute.