SC restores caretaker govt, referendum

In a major development, the Appellate Division of the Supreme Court on Thursday upheld a High Court verdict striking down parts of the 15th Amendment to the Constitution by dismissing three separate appeals, effectively restoring the caretaker government (CG) system and the constitutional provision for a referendum.

"Appeal is dismissed," a four-member Appellate Division bench headed by Chief Justice Zubayer Rahman Chowdhury said in its short verdict.

Attorney General Md Ruhul Quddus Kazal told reporters that the apex court dismissed the appeals challenging the High Court judgment and seeking to invalidate the entire 15th Amendment, which had introduced several changes to the Constitution.

The High Court, in a verdict delivered on December 17, 2024, declared the abolition of the caretaker government system through the 15th Amendment unconstitutional and void. The bench of Justice Farah Mahbub and Justice Debashish Ray Chowdhury also restored the constitutional provision for a referendum.

Three separate appeals were filed against the High Court verdict. One was filed by four citizens, including SUJON Secretary General Badiul Alam Majumder and Jobairul Islam Nahid, another by Freedom Fighter Md Mofazzal Hossain of Naogaon, and the third by Jamaat-e-Islami Secretary General Miah Golam Parwar on behalf of his party.

Senior Advocate Sharif Bhuiyan represented the four appellants, while Attorney General Md Ruhul Quddus Kazal and Additional Attorney General Aneek R Haque appeared for the state. Senior Advocate Mohammad Shishir Manir represented Jamaat-e-Islami, and Advocate ASM Shahriar Kabir appeared for Md Mofazzal Hossain.

Ahead of the verdict, the attorney general said the 15th Amendment had fundamentally altered the Constitution and impeded democracy, freedom of speech and the country's democratic journey.

The Awami League government enacted the 15th Amendment in June 2011, introducing changes to 54 constitutional provisions, including abolishing the caretaker government system. It also incorporated provisions prescribing the maximum penalty for the illegal usurpation of state power, recognised Bangabandhu Sheikh Mujibur Rahman as the Father of the Nation, and restored the four fundamental state principles of nationalism, socialism, democracy and secularism.

Following the fall of the Awami League government during the July mass uprising, two writ petitions were filed in 2024 challenging the validity of the 15th Amendment and several of its provisions.

In its December 2024 verdict, the High Court declared Sections 20 and 21 of the amendment, which abolished the caretaker government system and referendum, null and void. It also declared Articles 7A, 7B and 44(2), inserted through the 15th Amendment, inconsistent with the Constitution and therefore invalid.
Hearings on the appeals began last Monday and concluded on Wednesday before the Appellate Division fixed Thursday for delivering its verdict.