Staff reporter :
The High Court has released the full verdict that nullifies the abolition of the caretaker government system, previously removed through the 15th Amendment to the Constitution during the tenure of the Awami League-led government.
The 139-page full verdict was made public following the signatures of Justice Farah Mahbub and Justice Debashish Roy Chowdhury on Tuesday.
The landmark ruling stems from two writ petitions challenging the 15th Amendment, with the final hearing held on 17 December last year. In a significant observation, the court also restored the provision of public referendum to the Constitution.
In its ruling, the High Court emphasised that democracy is a fundamental pillar of the Constitution and flourishes through free, fair, and impartial elections.
However, it noted that the last three national elections held under partisan governments did not reflect the true will of the people.
The absence of public confidence in the electoral process under ruling parties was cited as a key reason behind the July uprising, mentioned directly in the judgment.
The court further observed that the caretaker government system was incorporated into the Constitution in line with the will of the people and has become part of its basic structure.
The verdict declared Sections 20 and 21 of the 15th Amendment Act which abolished the non-partisan caretaker government system as unconstitutional and void.
Additionally, newly inserted Articles 7Ka, 7Kha, and 44(2) under the 15th Amendment were also struck down by the court.
The 15th Amendment, passed in 2011, had introduced changes in 54 sections of the Constitution.
The petitions challenging it were filed on 18 August last year by five distinguished individuals, including Badiul Alam Majumdar, Secretary of Citizens for Good Governance (SHUJAN).
Following preliminary hearings, the High Court issued a rule on 19 August asking why the 15th Amendment should not be declared unconstitutional. The final verdict was delivered after a comprehensive hearing on the rule.
Representing the state were Attorney General Md Asaduzzaman and Deputy Attorney General Asad Uddin. Senior lawyer Dr. Sharif Bhuiyan argued on behalf of petitioner Badiul Alam Majumdar.
Representing BNP were senior lawyers Zainul Abedin, Barrister Kaiser Kamal, Barrister Badruddoza Badal, Barrister Ruhul Quddus Kajol, and Advocate Farzana Sharmin Putul.
Advocate Mohammad Shishir Monir and Barrister Ehsan Siddiqui appeared for Jamaat-e-Islami, while Advocate Ishrat Hasan represented Insaniyat Biplob.
Other petitioners were represented by Barrister Zunaid Ahmed Chowdhury and Barrister Nishat Mahmud, with Barrister Hamidul Misbah participating as an intervener.
The verdict has reignited debate over electoral integrity and constitutional structure, and is expected to have far-reaching implications for the future of Bangladesh’s democratic process.
