Verdict on 15th Amendment appeals Thursday

The Appellate Division has scheduled Thursday to deliver its verdict on the appeals challenging the 15th Amendment to the Constitution, which, among other significant changes, abolished the non-party caretaker government system.

A four-member bench of the Appellate Division, led by Chief Justice Zubayer Rahman Chowdhury, fixed the date today, Wednesday, following the conclusion of hearings on the third day.

Three separate appeals were lodged against the High Court judgment regarding the 15th Amendment. One appeal was filed by four individuals, including Badiul Alam Majumdar, Secretary of Citizens for Good Governance (SHUJAN); another was filed by Md Mofazzal Hossain, a resident of Naogaon; and the third was submitted by Jamaat-e-Islami Secretary General Mia Golam Porwar. Alongside Jamaat's appeal, a leave-to-appeal petition by an organisation, Human Rights Support Society, was also included in the cause list for the hearing.

The hearings on the appeals commenced on Monday, continued into their second day on Tuesday, and concluded today, after which the Appellate Division fixed the date for the verdict.

Senior Advocate Sharif Bhuyan, accompanied by Advocate Karishma Jahan and Advocate Ridwanul Karim, represented the SHUJAN Secretary and the three other individuals in court. Senior Advocate Mohammad Shishir Monir argued on behalf of the Jamaat-e-Islami Secretary General.

Senior Advocate Imran A Siddiq represented the Human Rights Support Society, while Advocate ASM Shahriar Kabir appeared for the other appellant.

Senior Advocate Ehsan A Siddiq argued on behalf of an organisation joined as a third-party intervener, while Advocate Hamidul Mishbah also participated in the hearing as an intervener.

The state was represented by Attorney General Md Ruhul Quddus Kazal, Additional Attorney General Aneek R Haque, and Deputy Attorney General Abdullah Al Masud.

The then Awami League government enacted the 15th amendment, introducing sweeping changes to the Constitution, including the abolition of the caretaker government system. Passed by Parliament on 30 June 2011, the amendment brought about 54 structural changes to the Constitution.

Following the ouster 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 provisions.

Following final hearings, the High Court delivered its verdict on 17 December 2025. The judgment declared Sections 20 and 21 of the amendment act—which scraped the caretaker government and referendum systems—null and void.

Furthermore, the High Court ruled that Articles 7A, 7B, and 44(2), which had been incorporated into the Constitution through the 15th Amendment, were contradictory to the Constitution and were consequently struck down.

The full text of the High Court judgment was published on 8 July last year. Against this ruling, the SHUJAN secretary, alongside three other prominent citizens and various parties, filed separate leave-to-appeal petitions.

On 13 November last year, the Appellate Division granted leave to appeal, paving the way for the three distinct appeals against the High Court's decision.

The appeal hearings initially began on 3 December last year and proceeded across several sessions on 4, 7, 8, and 10 December.

Ultimately, on 11 December last year, a six-member bench of the Appellate Division, headed by the then Chief Justice Syed Refaat Ahmed, adjourned the appeal hearings until 5 March this year.

Consequently, the three separate appeals appeared on the Appellate Division's cause list on 8 March for further orders. On that day, the court ordered that the appeals would not be deemed "part-heard".

The appeals returned to the court's cause list in June, and on 23 June, the Appellate Division set 6 July for the resumption of the hearings. The proceedings concluded today on the third day of consecutive hearings.

Beyond abolishing the caretaker government system, the 15th amendment introduced the maximum penalty for the unconstitutional usurpation of state power and increased the number of reserved seats for women in parliament to 50.

It formally recognised Bangabandhu Sheikh Mujibur Rahman as the Father of the Nation and reinstated the four fundamental principles of state policy—nationalism, socialism, democracy, and secularism.

Bangabandhu's historic 7 March 1971 speech, the 26 March declaration of independence, and the Proclamation of Independence were also enshrined in the Constitution.

Simultaneously, the unconstitutional seizure of state power was categorised as sedition, making the perpetrators liable to the highest legal punishment.

While general elections were previously required to be held within 90 days following the dissolution or expiry of parliament, the 15th amendment mandated that elections be held within the 90 days prior to the dissolution of the legislature.