Full High Court Verdict Opens Legal Path to Restore Caretaker Government System in Bangladesh

The full verdict of the High Court has been released, declaring Sections 20 and 21 of the Fifteenth Amendment to the Constitution—which abolished the non-partisan caretaker government system—as unconstitutional and void. The 139-page detailed judgment was published on Tuesday, 8 July, on the Supreme Court’s official website.

The ruling stems from final hearings held on 17 December last year regarding the legality of the Fifteenth Amendment, including the abolition of the caretaker government system. The verdict was delivered by a High Court bench comprising Justice Farah Mahbub (currently a Justice of the Appellate Division) and Justice Debashish Roy Chowdhury.

In its ruling, the court invalidated not only Sections 20 and 21 of the amendment but also Articles 7Ka, 7Kha, and 44(2), which were incorporated into the Constitution through the same amendment. However, the court did not strike down the entire Fifteenth Amendment Act. It left the fate of the remaining provisions to the discretion of the Jatiya Sangsad (National Parliament).

The court observed that Parliament, as the elected representative of the people, retains the authority to amend, revise, or modify the relevant provisions through due legislative process and in consideration of public opinion.

Additionally, the court nullified Section 47 of the Fifteenth Amendment Act, which had previously repealed the provision for referendums as introduced in the Twelfth Amendment of 1991. The court deemed this repeal inconsistent with the basic structure of the Constitution, thereby reinstating the constitutional provision for holding referendums.

The Fifteenth Amendment was passed in Parliament on 30 June 2011 by the ruling Awami League government, and a corresponding gazette was published on 3 July. This amendment formally abolished the caretaker government system—an institution that once played a crucial role in fostering public trust in electoral processes and governance.

The amendment was legally challenged on 18 August 2023 by five distinguished citizens, including Dr Badiul Alam Majumdar, Secretary of the civil society organisation Sushashoner Jonno Nagorik (SUJAN). Following a preliminary hearing, the High Court issued a rule on 19 August, asking why the Fifteenth Amendment should not be declared unconstitutional. After extensive hearings, the High Court delivered this landmark judgment.

In light of this verdict, the forthcoming sessions of the National Parliament may consider enacting new legislation to restore the caretaker government framework in future electoral processes.