Bangladesh Supreme Court Adjourns Hearings on Constitutional 15th Amendment Appeal
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The Appellate Division of the Supreme Court has scheduled a follow-up hearing for Tuesday regarding the legality of the 15th amendment to the Constitution, a legislative change that notably abolished the caretaker government system. A four-member bench, led by Chief Justice Zubayer Rahman Chowdhury, conducted proceedings on Monday before adjourning the matter until the next day.
The ongoing legal challenge stems from three separate appeals filed against a High Court verdict that had previously invalidated portions of the amendment. The petitioners include Shushashon Jonno Nagorik (SUJAN) Secretary Badiul Alam Majumdar and three others, a resident of Naogaon named Md. Mofazzal Hossain, and Jamaat-e-Islami Secretary General Mia Golam Parwar.
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During Monday’s hearing, senior lawyer Sharif Bhuiyan, representing the SUJAN secretary and his co-petitioners, argued that the 15th amendment was fundamentally flawed in both process and intent. He contended that the parliamentary special committee tasked with reviewing the constitution had reached a unanimous consensus to retain the caretaker government system. However, he argued that this decision was disregarded when the bill was presented to parliament, where it was passed without meaningful debate, effectively altering the constitutional character of the state.
Bhuiyan further asserted that the abolition of the caretaker government led to a democratic collapse, facilitating three consecutive non-participatory elections and fostering an authoritarian regime. He maintained that the amendment encroached upon fundamental rights, including freedom of speech and the ability to engage in constitutional discourse, effectively amounting to a “fraud” upon the constitution. He argued that the amendment, which sought to establish a single-party style of governance, should be scrapped in its entirety. Legal counsel for the other appellants also presented their arguments, while Attorney General Md. Ruhul Quddus Kajol and Additional Attorney General Anik R. Haque represented the state.
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The 15th amendment was enacted by the Awami League government on June 30, 2011, introducing 54 changes to the Constitution, including the controversial removal of the caretaker government system and the provision requiring elections to be held within 90 days prior to the expiration of a parliamentary term, rather than within 90 days after. Following the ouster of the Awami League government in a July mass uprising, the High Court scrutinized the amendment and, on December 17, 2024, struck down specific provisions, including those related to the caretaker government and referendums, ruling them inconsistent with the Constitution.
The Appellate Division, which granted leave to appeal against the High Court’s ruling last November, has expressed its intention to conduct the hearings expeditiously. Counsel for the petitioners noted that the court is aiming to conclude arguments and deliver a judgment before one of the sitting justices retires this July.
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