Appellate Division reserves verdict on 15th Amendment appeal for Thursday

The Appellate Division of the Supreme Court concluded hearings on the appeal challenging the High Court's landmark ruling on the 15th Constitutional Amendment and the abolition of the caretaker government system, setting Thursday (July 9) for delivering its verdict.

The hearing concluded on Wednesday (July 8) after a third consecutive day before a bench led by the Chief Justice.

Attorney General Mohammad Ruhul Quddus Kajal represented the state, while Advocate Mohammad Shishir Monir, Dr Sharif Bhuiyan, and other lawyers appeared for the petitioners.

On December 17, 2024, the High Court declared several provisions of the 15th Amendment unconstitutional, including those abolishing the caretaker government system, and ordered the restoration of the constitutional provision for a referendum.

The High Court ruled that the caretaker government had become part of the Constitution's basic structure, citing concerns over public confidence in holding free, fair and credible elections under partisan governments. It also declared Articles 7A, 7B, 44(2) and provisions related to the abolition of the caretaker system inconsistent with the Constitution.

However, the court did not strike down the entire amendment, leaving the remaining provisions for consideration by a future Parliament and noting that further constitutional reforms could be made based on public opinion.

The appeal sought the annulment of the amendment in its entirety. With the hearing now complete, the country awaits a verdict in one of Bangladesh's most significant constitutional cases.