The abolition of caretaker government system through the 15th Amendment disrupted the nation’s democratic structure, the High Court said while pronouncing the verdict scrapping a few sections of the constitutional amendment today (17 December).
In its observation, the High Court stated that the 2011 judgement delivered by the Appellate Division, led by former chief justice ABM Khairul Haque, destroyed the basic structure of the Constitution.
The High Court said the core of the Constitution lies in democracy, which can only be ensured through free, fair, and credible elections.
It added that the caretaker government system, introduced through political consensus, had become an essential component of the Constitution’s basic framework.
Briefing reporters after the verdict was pronounced, Attorney General Md Asaduzzaman said, “Former chief justices ABM Khairul Haque and Syed Mahmud Hossain undermined the judiciary, which triggered the July revolution resulting in numerous deaths.”
The attorney general demanded accountability, stating that both former chief justices should face punishment.
The High Court bench of Justice Farah Mahbub and Justice Debasish Roy scrapped a few sections of the 15th Amendment including those which abolished the caretaker government system stating that it is the will of the whole nation.
Besides, repeal of the referendum provision has been scrapped. As a result, referendums have been reinstated in today’s verdict.
The 15th amendment to the constitution was introduced during the Awami League government, with the bill passed on 30 June 2011, and a gazette published on 3 July 2011.
The amendment abolished the caretaker government system and increased the number of reserved seats for women in parliament from 45 to 50.
The national elections in the years 2014, 2018 and 2024 were criticised as controversial, especially after former prime minister Sheikh Hasina swept to power for a fourth consecutive term in Bangladesh, following the 7 January polls this year that was boycotted by opposition parties and marked by international scrutiny.
