POBNEWS24, Dhaka July 8, 2025 : The High Court has issued a full verdict declaring several issues brought in the 15th Amendment to the Constitution, including the abolition of the much-discussed caretaker government system, illegal.
The full 139-page verdict was issued on Tuesday after being signed by Justice Farah Mahbub and Justice Debashish Roy Chowdhury.
The High Court declared Articles 20 and 21 of the 15th Amendment Act regarding the abolition of the caretaker government system to be inconsistent with the Constitution and null and void.
In the verdict, the court said that the two articles have destroyed the basic structure of the Constitution, which is democracy. The court declared Articles 7A, 7B, 44 (2) added to the Constitution through the 15th Amendment as inconsistent with the Constitution and null and void. The 15th Amendment brought additions, modifications and replacements in 54 cases.
In the verdict, the court also said that the entire 15th Amendment Act is not being repealed. The court has left the responsibility of deciding on the remaining provisions to the next National Parliament.
It said that the Parliament can amend, revise and change the provisions in accordance with the law, taking into account the opinions of the people. These include the issue of recognition of the Father of the Nation, the issues of the March 26 speech.
In its verdict on the referendum, the High Court said that the provision of referendum was abolished, which was part of Article 142 of the Constitution. It was added in the 12th Amendment in 1991. Section 47 of the Fifteenth Amendment Act, which abolished the provision of referendum in Article 142 of the Constitution, was declared invalid as it was inconsistent with the basic structure of the Constitution. As a result, Article 142 of the 12th Amendment was reinstated.
The High Court verdict has abolished Articles 7A, 7B and 44 (2). Article 7A had stated that the abrogation, suspension, etc. of the Constitution were crimes and 7B had stated that the amendment of the basic provisions of the Constitution was ineligible.
Meanwhile, Article 44 deals with the enforcement of fundamental rights. Article 44(2) states that, without prejudice to the powers of the High Court Division under Article 102 of this Constitution, Parliament may by law empower any other court to exercise all or any of those powers within the local limits of its jurisdiction. This article has been declared null and void in the judgment.
