15th amendment to abolish caretaker govt is illegal, HC verdict

The 15th amendment to the constitution that abolished the non-party caretaker government system is illegal, according to the High Court verdict on Tuesday.

An HC bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury passed this order.

As a result, the article allowing polls to be held under a party-led government has been removed.

In its observations, the High Court said that the core of the Constitution lies in democracy, which can only be ensured through free, fair, and credible elections.

It added that the caretaker government system, introduced through political consensus, had become an essential component of the constitution’s basic framework.

On August 18, a writ petition was filed by Shushasoner Jonno Nagorik secretary Badiul Alam, along with four others, seeking the annulment of the 15th Amendment.

The next day, the High Court asked the government to explain why abolishing the caretaker system should not be declared illegal, after hearing the petition filed by five citizens.

The 15th amendment to the constitution was introduced during the Awami League government, with the bill passed on June 30, 2011, and a gazette published on July 3, 2011.

The amendment abolished the caretaker government system and increased the number of reserved seats for women in parliament from 45 to 50.