Bangladesh’s Appellate Division of the Supreme Court has upheld a landmark High Court ruling that declared significant parts of the 15th Amendment to the Constitution unconstitutional, effectively restoring the caretaker government system and the constitutional provision for holding referendums.
The decision came on Wednesday when a four-member bench of the Appellate Division, led by Chief Justice Zubayer Rahman Chowdhury, dismissed three separate appeals challenging the High Court’s earlier judgement.
The court issued three identical short orders stating simply that each appeal had been dismissed.
Following the ruling, Attorney General Md Ruhul Quddus Kazal said, "The Appellate Division had affirmed the High Court’s decision, meaning the constitutional provisions relating to the caretaker government system and referendums now stand restored.”
The original High Court judgement was delivered on 17 December 2024 by a bench comprising Justice Farah Mahbub and Justice Debashish Ray Chowdhury.
The court ruled that the abolition of the caretaker government through the 15th Constitutional Amendment was inconsistent with the Constitution and therefore void. The judges also reinstated the constitutional provision requiring a referendum in relevant circumstances.
Three separate appeals had been filed against that verdict.
One appeal was submitted by four citizens, including SUJON (Shushashoner Jonno Nagorik) secretary general Badiul Alam Majumder. Another was filed by freedom fighter Md Mofazzal Hossain from Naogaon, while the third was lodged by Jamaat-e-Islami through its Secretary General, Miah Golam Parwar.
Senior Advocate Sharif Bhuiyan represented the group of four appellants, including Badiul Alam Majumder.
Attorney General Md Ruhul Quddus Kazal and Additional Attorney General Aneek R Haque appeared on behalf of the state.
Senior Advocate Mohammad Shishir Manir represented Jamaat-e-Islami, while Advocate ASM Shahriar Kabir appeared for Md Mofazzal Hossain.
The 15th Amendment was passed by the Jatiya Sangsad on 30 June 2011, with the official gazette published on 3 July the same year. The amendment introduced changes to 54 provisions of the Constitution, including the removal of the non-party caretaker government system that had previously overseen parliamentary elections.
Following its enactment, several writ petitions were filed before the High Court challenging the legality of the amendment. Those legal challenges ultimately resulted in the High Court’s December 2024 ruling, which has now been upheld by the country’s highest court.
The Appellate Division’s decision marks a significant constitutional development, confirming the High Court’s findings and bringing an end to the legal challenge before the Supreme Court. The judgment is expected to have far-reaching implications for Bangladesh’s constitutional and electoral framework.
