Appellate Division upholds HC verdict returning caretaker government to constitution

The Appellate Division of the Supreme Court has upheld the High Court verdict declaring key provisions of the Constitution's 15th Amendment unconstitutional, effectively restoring the caretaker government system and the constitutional provision for holding referendums.

A five-member bench headed by the Chief Justice Zubayer Rahman Chowdhury delivered the verdict on in this morning (July 9), dismissing all appeals challenging the High Court's judgment.

With the appeals rejected, the High Court ruling remains in force, reviving constitutional provisions related to the caretaker government and referendum that were abolished under the 15th Amendment.

The apex court also struck down Article 7B, which had made certain constitutional provisions unamendable. It further ruled that the authority to enforce fundamental rights will remain exclusively with the Supreme Court.

At the same time, the Appellate Division observed that any decision regarding the remaining provisions introduced through the 15th Amendment would now rest with the Jatiya Sangsad.

The 15th Amendment, passed by Parliament on June 30, 2011, and receiving presidential assent on July 3, 2011, abolished the caretaker government system and introduced several constitutional changes, including restoring secularism as a state principle, increasing reserved parliamentary seats for women from 45 to 50, and declaring unconstitutional seizure of state power an act of treason.

The legal challenge began in August 2024, when five eminent citizens, including Badiul Alam Majumdar, filed a writ petition seeking the annulment of the amendment. The High Court issued a rule on August 19, 2024, and after extensive hearings, delivered its landmark judgment on December 17, 2024.

Several political leaders and organisations, including BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat-e-Islami Secretary General Mia Golam Parwar, Gono Forum, and freedom fighter Md Mofazzal Hossain, later joined the proceedings.

In its ruling, the High Court declared unconstitutional the abolition of the caretaker government system, Articles 7A and 7B, Article 44(2) relating to the enforcement of fundamental rights, and the removal of the constitutional provision for referendums under Article 142.

Following the High Court verdict, the petitioners sought leave to appeal, arguing that the entire 15th Amendment should be struck down. However, the Appellate Division has now upheld the High Court's decision, reaffirming the restoration of the caretaker government system and referendum provisions while leaving any further constitutional changes to Parliament.