High Court's Full Verdict on 15th Amendment Published: Scraps Provisions 20 & 21, Reinstates Referendum

The High Court has released its full 139-page verdict declaring Sections 20 and 21 of the 15th Amendment to the Constitution as contradictory and void, effectively abolishing the non-partisan caretaker government system. The complete verdict was published today on the Supreme Court's website.

A High Court bench comprising Justice Farah Mahbub (now an Appellate Division Justice) and Justice Debasish Roy Chowdhury delivered the verdict on December 17 last year, following the final hearing of separate writ petitions challenging the validity of the 15th Amendment and several of its provisions, including the abolition of the caretaker government system.

The published verdict not only annulled Sections 20 and 21 but also declared Articles 7A, 7B, and 44(2), which were incorporated into the constitution through the 15th Amendment, as contradictory and void.

Notably, the 15th Amendment introduced additions, revisions, and replacements in 54 areas of the constitution. However, today's published verdict clarifies that the 15th Amendment Act is not being entirely scrapped. Instead, the court has left the decision regarding the remaining provisions to the upcoming national parliament.

The court further stated that the national parliament can amend, revise, and change these provisions in accordance with the law and public opinion.

The verdict specifically highlighted the abolition of the referendum provision, which was part of Article 142 of the constitution and was added in 1991 through the 12th Amendment. Section 47 of the 15th Amendment Act, which concerned the abolition of the referendum provision in Article 142 of the constitution, has been declared void due to its inconsistency with the basic structure of the constitution. As a result, Article 142 of the 12th Amendment has been reinstated.

Earlier news reports titled "Introduction of Authoritarian Structure through the 15th Amendment" on November 6, 2004, and "Why the 15th Amendment to the Constitution is Not Contradictory: High Court" on August 19, 2004, provide further context to this verdict.

The 15th Amendment to the Constitution was passed by the Jatiya Sangsad on June 30, 2011, during the Awami League government's tenure, and the related gazette was published on July 3, 2011.

The 15th Amendment Act was challenged by five prominent individuals, including Sujan (Citizens for Good Governance) Secretary Badiul Alam Majumder, who filed a writ petition on August 18 last year. After an initial hearing, the High Court issued a rule on August 19, asking why the 15th Amendment Act should not be declared contradictory to the constitution. The High Court delivered this verdict after the final hearing on that rule.