SC publishes full verdict on caretaker government abolition

The Supreme Court on Tuesday published the full 139-page verdict of the High Court that struck down the provision abolishing the caretaker government system.

The landmark judgment, delivered by a High Court bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury on December 17 last year, declared several sections of the Fifteenth Amendment to the Constitution invalid.

The court invalidated Sections 20 and 21 of the amendment, along with Articles 7ka, 7kha, and Clause 44(2), ruling these provisions inconsistent with the Constitution.

While the Fifteenth Amendment had introduced changes to 54 constitutional provisions, the court clarified that the entire amendment was not annulled. It left the authority to decide on the remaining sections to the incoming National Parliament.

The verdict also restored the referendum provision under Article 142, abolished by the Fifteenth Amendment, as the court found its removal contradicted the Constitution’s fundamental structure.

Passed on June 30, 2011, by the Awami League government and gazetted on July 3, 2011, the Fifteenth Amendment sparked controversy for its abolition of the caretaker government system.

Last August, a writ petition was filed by five prominent citizens, including Badiul Alam Majumdar, Secretary of Citizens for Good Governance (Sujaan), challenging the amendment’s validity.

The publication of the full verdict is expected to have significant political and legal implications in Bangladesh.