Appeal filed against HC verdict on 15th amendment

An appeal has been lodged challenging the High Court (HC) Division’s verdict that declared several provisions of the 15th Amendment to the Constitution — including the abolition of the caretaker government system — unconstitutional.

Lawyer Dr. Sharif Bhuiyan filed the appeal before the Appellate Division on Monday (November 3), on behalf of the 'Shushashoner Jonno Nagorik' Secretary Dr. Badiul Alam Majumdar.

The appellant sought complete annulment of the 15th Amendment.

Earlier, on December 17 last year, the High Court bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury delivered the landmark judgment, declaring portions of the 15th Amendment illegal while upholding the rest.

The court also reinstated the provision for national referendums under Article 142, which had been repealed by the amendment.

In its observations, the High Court noted that democracy constitutes part of the Constitution’s basic structure and can only thrive through free, fair, and impartial elections. The bench observed that elections held under partisan governments had failed to reflect the people’s will, ultimately leading to the July uprising.

The court held that the caretaker government system was introduced in line with the people’s aspiration and had evolved into a component of the Constitution’s basic structure. Consequently, Articles 20 and 21 of the 15th Amendment — which abolished the caretaker system — were declared ultra vires the Constitution.

The bench further struck down Articles 7A, 7B, and 44(2) of the amendment. Article 7A criminalised attempts to abrogate or suspend the Constitution, while Article 7B made certain fundamental provisions unamendable. Article 44(2), which limited the enforcement of fundamental rights through the High Court Division, was also declared void.

However, the court upheld the remaining provisions, including those recognizing the Father of the Nation and the March 26 declaration, observing that Parliament retains the authority to review, amend, or refine them through due legislative process with public participation.

The High Court also declared Section 47 of the 15th Amendment, which repealed the referendum provision, inconsistent with the Constitution’s basic structure, thereby restoring the earlier clause reinstated through the 12th Amendment.