Non-party caretaker govt system restored

The High Court today scrapped a part of the constitution's 15th amendment that cancelled the provision of the non-party caretaker government system and restored the provision of the referendum for bringing any amendment to the constitution.

The High Court today scrapped a part of the constitution's 15th amendment that cancelled the provision of the non-party caretaker government system and restored the provision of the referendum for bringing any amendment to the constitution.

The abolition of the non-party caretaker government system is void and unconstitutional as the abolition has destroyed democracy, free and fair elections, independence of judiciary which are the basic structures of the Constitution, the court said.

Delivering verdict on two separate writ petitions, the HC also struck down articles 7 (A) and 7 (B) of the Constitution, declaring them void and unconstitutional.

Article 7 (A) of the Bangladesh Constitution pertained to the use of force and other unconstitutional means to "abrogate, repeal or suspend" the Constitutions or any of its articles.

Article 7 (B) makes certain parts of the Constitution unamendable "by way of insertion, modification, substitution, repeal or by any other means".

The HC declared unconstitutional the parts of the 15th Amendment Act, which scrapped the 13th amendment that had introduced the non-party caretaker government system in 1996, and brought significant changes to the charter.

In the verdict, the HC did not interfere in the provisions of the 15th Amendment Act which deals with the state principles including the secularism, socialism, state region, nationalism, father of the nation and number of reserved seats for women in parliament, saying that the future governments will take the decision about these issues.

The court also clarified the current interim government is not a caretaker government.

It said the present government government is totally different as it was formed by the president after he sought the opinion of the Appellate Division of Supreme Court under article 106 of the constitution.

Article 106 says, "If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the Appellate Division for consideration and the division may, after such hearing as it thinks fit, report its opinion thereon to the President."  

The High Court bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury delivered the verdict following two separate writ petitions challenging the constitutionality of the 15th amendment to the constitution.

On December 5, the bench fixed today as the date for the announcement of the judgement after concluding hearings on the petitions.

The court has heard arguments on the petitions for 12 working days. One of the writ petitions was filed by Mofazzal Hossain, a freedom fighter from Narayanpara, Naogaon.

On October 19, the HC bench led by Justice Farah Mahbub issued a rule asking the government to explain why the Constitution (15th Amendment) Act, 2011, should not be declared unconstitutional. It also questioned why actions taken under the amendment should not be invalidated.

On August 19, another HC bench led by Justice Naima Haider, who is currently on leave, issued a similar rule following a writ petition filed by five citizens.

The petitioners included – Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik, along with Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan, and Zahrah Rahman. The petitioners, submitting their case as a public interest litigation, argued that the abolition of the non-party caretaker government system through the 15th amendment led to three consecutive disputed elections in 2014, 2018, and 2024.

Apart from the writ petitioners and the state, few political parties, including BNP and Jamaat-e-Islami and some SC lawyers have placed arguments before the HC against the 15th amendment and in favour of the caretaker government system.