The High Court has ruled that the provisions of the Fifteenth Amendment to the Constitution, which abolished the system of caretaker government, are invalid.
On Tuesday (December 17) morning, the High Court bench consisting of Justice Farah Mahbub and Justice Debashish Roy Chowdhury made the announcement on the question of repealing the fifteenth amendment. Senior Justice Farah Mahbub read the main part of the judgment.
The High Court, in its observation, said that the basic structure of the Constitution was destroyed by the Fifteenth Amendment.
Stating that democracy is the main structure of the constitution, the High Court said that only fair and acceptable elections can establish democracy. The beauty of the Constitution is the empowerment of the people, the people are the source of all power - the High Court said these things in its observation in its judgment to repeal the fifteenth amendment of the Constitution.
The High Court said that the caretaker government was based on political consensus. That is why it has become the fundamental basis of the constitution.
Earlier, on December 5, the High Court fixed today for ruling on the ruling on why the fifteenth amendment of the Constitution should not be invalid, including the cancellation of the caretaker government. After a long 23-day hearing, the court fixed this day for the High Court verdict.
Attorney General Md. Asaduzzaman stood on behalf of the state in the court. Senior lawyer Asad Uddin stood on behalf of petitioner Sujan Dr. Badiul Alam. Senior lawyer Zainul Abedin, Barrister Badruddoza Badal, Barrister Ruhul Quddus Kajal, Advocate Farzana Sharmin stood on behalf of BNP. Advocate Mohammad Shishir Monir, Barrister Ehsan Siddiqui appeared on behalf of Jamaat. Advocate Ishrat Hasan appeared on behalf of Insaniat Biplab, Barrister Junaid Ahmed Chowdhury appeared on behalf of the four applicants, Barrister Hamidul Misbah appeared as an intervener.
Earlier, the party's Secretary General Mirza Fakhrul Islam Alamgir and Bangladesh Jamaat-e-Islami Secretary General Mia Golam Parwar sided with the ruling issued on the question of the validity of the fifteenth amendment of the constitution by canceling the caretaker government. Thereafter Insaniat Biplab, Ganaforum, four petitioners were intervenors in the ruling.
On August 19, the High Court issued a ruling seeking to know why the Fifteenth Amendment of the Constitution should not be invalid by abolishing the caretaker government.
A High Court bench of Justice Naima Haider and Justice Shashank Shekhar issued the ruling. The court issued this rule after hearing the writ petition of Badiul Alam Majumdar.
On June 30, 2011, the Fifteenth Amendment was passed by the National Parliament. Through this amendment, Bangabandhu Sheikh Mujibur Rahman was recognized as the father of the nation. The caretaker government system was abolished by this amendment.
In addition, the number of seats reserved for women in the National Parliament was increased from the existing 45 to 50.