The Appellate Division of the Bangladesh Supreme Court has upheld a High Court verdict that scrapped part of the 15th Amendment to the Constitution, restoring the caretaker government system and provisions for holding referendums on constitutional amendments. The ruling, delivered on Wednesday by a four-member bench headed by Chief Justice Zubayer Rahman Chowdhury, dismissed appeals challenging the High Court judgment and seeking the cancellation of the entire 15th Amendment.
Background of the 15th Amendment
Parliament passed the 15th Constitutional Amendment on June 30, 2011, which abolished the caretaker government system introduced by the 13th Amendment in 1996. The bill received presidential assent on July 3, 2011. The amendment also gave constitutional recognition to Sheikh Mujibur Rahman as the Father of the Nation, increased reserved parliamentary seats for women from 45 to 50, restored secularism and freedom of religion, and reaffirmed nationalism, socialism, democracy, and secularism as the state's fundamental principles.
High Court and Supreme Court Decisions
On December 17, 2024, the High Court scrapped the part of the 15th Amendment that abolished the caretaker government system and restored the referendum provision. The Supreme Court's Appellate Division has now validated that decision. Attorney General Md Ruhul Quddus Kazal told reporters that the amendment had introduced several significant changes to the Constitution, but the apex court's ruling officially reverses the contentious 2011 decision by the Sheikh Hasina government.
Impact on Future Elections
The Supreme Court clarified that the caretaker arrangement will not govern the present transitional interim administration. Instead, the mechanism is set to be implemented for the 14th parliamentary elections and all future electoral cycles. This reinstatement aims to guarantee impartial supervision during democratic transitions.
