The High Court Division on Monday asked the government to explain within four weeks why the abolition of the caretaker government system through the Fifteenth Amendment to the Constitution should not be declared illegal.
In response to a writ petition, a bench of Justice Naima Haider and Justice Shashanka Shekhar Sarkar issued the rule.
Five prominent citizens, including Badiul Alam Majumdar, Secretary of Shushashoner Jonno Nagorik (SHUJAN), filed the writ challenging the legality of the amendment.
The bench also asked the government to explain why all the government's action taken on the basis of the 15th amendment should not be declared illegal.
The law secretary, legislative secretary, and the secretary of the Jatiya Sangsad Secretariat, among others involved, have been asked to reply to the rule within four weeks.
The 15th Amendment was passed by Parliament on June 30,2011 and was presented to the President for assent on July 3,2011.
The provision for a caretaker government was abolished from the Constitution through the Fifteenth Amendment.
This amendment also officially recognised Sheikh Mujibur Rahman as the Father of the Nation of Bangladesh.
The 15th amendment require holding general elections under the existing party government within 90 days of expiry of parliament's tenure while Parliament remained active.
In addition, the amendment increased the number of reserved seats for women from 45 to 50. Secularism and religious freedom were also restored in the Constitution. The principles of nationalism, socialism, democracy, and secularism were incorporated as state principles.
Lawyer Dr Sharif Bhuiyan appeared for the petitioners while Attorney General Md Asaduzzaman represented the state at the hearing.
Later Attorney General said that they would examine the amendment and take steps for early hearing on the rule.
Meanwhile, another writ petition was also filed challenging the legality of the Fifteenth Amendment to the Constitution.
Supreme Court lawyer Dr Eunus Ali Akonda, who filed the writ petition told reporters that he would move with the petition before the bench led by Justice Naima Haider for hearing on Tuesday.
