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Published : 17 Dec 2024, 01:14 PM
The High Court has overturned certain provisions of the 15th Amendment to the Constitution passed by the Awami League in 2011, restoring the caretaker government system for overseeing national elections.
As a result, the article allowing polls to be held under a party-led government has been removed.
The bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury issued the verdict in response to a writ petition on Tuesday.
On Aug 18, a writ petition was filed by Shushasoner Jonno Nagorik, or SUJAN, Secretary Badiul Alam, along with four others, seeking the annulment of the 15th Amendment.
Following an initial hearing, the High Court issued a rule on Aug 19, asking why the amendment should not be declared unconstitutional.
Several political organisations, including the BNP, Gono Forum, Bangladesh Jamaat-e-Islami, and other individuals, later joined the petition.
After initial arguments were presented on Oct 30, hearings continued over nine days in November as well as on Dec 1 and 4.
Separately, a writ petition was filed in October by freedom fighter Md Mofazzal Hossain from Narayanpara in Naogaon's Raninagar. He challenged the validity of 17 provisions of the 15th Amendment.
On Oct 29, the same High Court bench issued another rule questioning why these provisions should not be declared unconstitutional. The hearings on that rule followed.
The petitioners were represented by Advocate Fida M Kamal and ASM Shahriar Kabir, while Deputy Attorney General Md Asad Uddin represented the state.
The 15th Amendment was passed in Parliament on Jun 30, 2011, during the Awami League government, and the gazette was issued on July 3, 2011.
The amendment abolished the caretaker government system and granted constitutional recognition to Bangabandhu Sheikh Mujibur Rahman as the Father of the Nation.
Additionally, the number of reserved seats for women in Parliament was increased from 45 to 50, secularism and religious freedom were reinstated in the Constitution, and nationalism, socialism, democracy, and secularism were restored as state principles.
The 15th Amendment abolished the caretaker government system and increased the number of reserved seats for women in Parliament from 45 to 50.
It also declared unconstitutional seizure of state power as an act of sedition and introduced the maximum punishment for those guilty of the offence.
Previously, elections were to be held within 90 days after the end of a parliamentary term, but the amendment stipulated that polls must be organised within the preceding 90 days.
