SC restores caretaker govt, referendum provisions

The Supreme Court on Thursday upheld a High Court verdict that restored constitutional provisions for the caretaker government system and referendums, marking a major legal development ahead of Bangladesh’s next parliamentary election.

A four-member Appellate Division bench, headed by Chief Justice Md Zubayer Rahman Chowdhury, dismissed three separate appeals filed against the High Court judgment on the Constitution’s 15th Amendment.

The ruling leaves intact the High Court’s December 17, 2024 verdict, which declared several provisions of the 15th Amendment unconstitutional, including those that abolished the caretaker government system.

The appeals were filed by four individuals, including SHUJAN Secretary Badiul Alam Majumdar, Naogaon resident Md Mofazzal Hossain, and Jamaat-e-Islami Secretary General Mia Golam Parwar.

The High Court had earlier observed that democracy is part of the Constitution’s basic structure and can only be protected through free, fair, impartial and credible elections.

It also said the previous three parliamentary elections held under partisan governments failed to reflect the will of the people, damaging public confidence in elections held under political administrations.

The court declared Sections 20 and 21 of the 15th Amendment unconstitutional, saying the abolition of the caretaker government system undermined democracy and violated the basic structure of the Constitution.

The High Court also restored the referendum provision under Article 142, which had been removed through Section 47 of the 15th Amendment.

It said the removal of the referendum system was inconsistent with the Constitution’s basic structure.

However, the High Court did not strike down the entire 15th Amendment. It left the remaining provisions for parliament to decide in accordance with the law, after consulting the people.

The 15th Amendment, passed during the Awami League government’s tenure, brought changes to 54 constitutional provisions.

It abolished the caretaker government system and introduced several other changes that later became the subject of intense political and legal debate.

With today’s Appellate Division decision, the High Court ruling now remains in force, restoring the constitutional basis for both the caretaker government system and referendums.