SC to decide 15th amendment appeals on 9 July

The Appellate Division of the Supreme Court of Bangladesh has concluded hearings on a series of appeals challenging the High Court’s ruling that declared parts of the 15^th Amendment to the Constitution unconstitutional, with the final judgement scheduled to be delivered on Wednesday.

The four-member bench, led by Chief Justice Zubayer Rahman Chowdhury, announced the date after completing arguments from all parties.

The 15^th Constitutional Amendment was passed by the Jatiya Sangsad on 30 June 2011 and officially came into force following the publication of a government gazette on 3 July that year.

The amendment introduced changes to 54 constitutional provisions, including the abolition of Bangladesh’s caretaker government system for overseeing general elections.

On 17 December 2024, the High Court ruled that the removal of the caretaker government provision was unlawful and declared that part of the amendment invalid.

The court also restored the constitutional provision allowing referendums.

The legal challenge was initiated through several separate petitions. One was filed in August 2024 by four prominent citizens, including SUJON (Shushashoner Jonno Nagorik) General Secretary Badiul Alam Majumder, questioning the legality of the amendment.

Another petition was submitted by freedom fighter Md Mofazzal Hossain of Naogaon, while a separate appeal was lodged by Jamaat-e-Islami through its secretary general, Miah Golam Parwar.

During the appeal hearing, Senior Advocate Sharif Bhuiyan represented the group of petitioners led by Badiul Alam Majumder.

Attorney General Barrister Md Ruhul Quddus Kazol and Additional Attorney General Barrister Aneek R Haque appeared for the state. Senior Advocate Mohammad Shishir Manir represented Jamaat-e-Islami, while Advocate ASM Shahriar Kabir appeared for another appellant.

The forthcoming judgement is expected to clarify the constitutional status of key provisions introduced by the 15^th Amendment and could have significant implications for Bangladesh’s constitutional and electoral framework.