Dhaka, July 08 (V7N) — The High Court of Bangladesh has declared several provisions of the 15th Amendment to the Constitution, including the abolition of the caretaker government system, as inconsistent with the Constitution and null and void.

The full 139-page verdict, signed by Justice Farah Mahbub and Justice Debashish Roy Chowdhury, was published on Tuesday (July 8).

In a landmark judgment, the court ruled that Articles 20 and 21 of the 15th Amendment Act, which abolished the caretaker government provision, have undermined the basic structure of the Constitution—democracy itself. These provisions, therefore, were declared illegal and unconstitutional.

The court further invalidated Articles 7A, 7B, and 44(2), added through the amendment.

  • Article 7A criminalized attempts to abrogate or suspend the Constitution.

  • Article 7B blocked amendments to certain "basic provisions" of the Constitution.

  • Article 44(2) allowed Parliament to authorize courts other than the High Court Division to enforce fundamental rights—effectively diluting the High Court’s exclusive jurisdiction under Article 102.

The High Court stated that these articles were incompatible with the core principles of the Constitution, particularly the separation of powers, democracy, and judicial independence.

Regarding referendum provisions, the court ruled that the removal of the requirement for a public referendum—as previously stipulated in Article 142 under the 12th Amendment—was also unconstitutional. Thus, Section 47 of the 15th Amendment, which had removed the referendum clause, was declared void, and Article 142 of the 12th Amendment was reinstated.

However, the court clarified that it is not repealing the entire 15th Amendment. It left the fate of the remaining provisions—such as the recognition of the Father of the Nation and the historical significance of the March 26 speech—to be decided by the next National Parliament, urging lawmakers to act in consultation with the people and in accordance with democratic values.

The 15th Amendment, enacted during the Awami League government in 2011, introduced changes in 54 sections of the Constitution, sparking intense political debate and opposition criticism over the removal of the non-partisan caretaker government system for overseeing national elections.

This judgment is expected to have significant implications for Bangladesh's constitutional framework, electoral process, and the separation of powers.

END/RH/AJ