In a significant legal development, the High Court has declared the 15th Amendment to the Constitution of Bangladesh to be unconstitutional. It also observed that the 15th amendment to the constitution had destroyed its fundamental structure.
An HC bench comprising Justice Farah Mahbub and Justice Debashish Ray Chowdhury delivered the ruling on Tuesday (17 December).
This landmark judgment struck down the amendment, which had been a subject of much debate and controversy.
The decision is set to have far-reaching implications on the country's political and legal framework, potentially altering the trajectory of governance and constitutional interpretation in the nation.
It marks a pivotal moment in Bangladesh's judicial history, as the 15th amendment has been a cornerstone of the current political structure.
Legal experts and political analysts are closely monitoring the aftermath of this decision, as it could trigger a fresh wave of legal and constitutional challenges.
Earlier, the bench began pronouncing the long-anticipated verdict on the rule issued regarding the validity of several provisions, including the cancellation of the caretaker government system under the 15th amendment.
The verdict announcement commenced at 10:52am, with Justice Farah Mahbub reading the principal portion of the judgement.
On 5 December, the court had fixed today as the date for the pronouncement after hearing arguments over 23 working days.
Attorney General Mohammad Asaduzzaman and Deputy Attorney General Mohammad Asad Uddin represented the state.
Senior counsel Dr Sharif Bhuiyan argued on behalf of the petitioner Badiul Alam Majumdar from SUJAN.
Representing the BNP were senior advocates Zainul Abedin, Barrister Badruddoza Badal, Barrister Ruhul Quddus Kajol, and advocate Farzana Sharmin Putul.
For Jamaat-e-Islami, arguments were presented by advocate Mohammad Shishir Monir and Barrister Ehsan Siddiqi.
Advocate Ishrat Hasan represented Insaniyat Biplob, while Barrister Zunaid Ahmed Chowdhury argued for four petitioners.
Additionally, Barrister Hamidul Misbah appeared as an intervener.
The petitioners challenging the 15th amendment included BNP Secretary General Mirza Fakhrul Islam Alamgir and Bangladesh Jamaat-e-Islami Secretary General Mia Golam Parwar.
Insaniyat Biplob, Gonoforum, and four other petitioners also became intervening parties to the rule.
High Court had initially issued the rule on 19 August, questioning why the 15th Amendment—particularly its abolishment of the caretaker government system—should not be declared unconstitutional.
The rule was issued by a bench comprising Justice Naima Haider and Justice Shashanka Shekhar Sarkar following a writ petition filed by SUJAN Secretary Dr Badiul Alam Majumdar and others.
Passed on 30 June 2011 in the National Parliament, the 15th amendment recognised Sheikh Mujibur Rahman as the Father of the Nation and abolished the caretaker government system.
Additionally, the amendment increased the number of reserved seats for women in Parliament from 45 to 50.
