G 24 Hours Digital Bureau: Historic! Breakthrough! In view of the overall situation of hot Bangladesh, today’s verdict of the court is being recognized as a rare thing. The lawyers of Bangladesh said that the court did not cancel the whole of the fifteenth amendment of the constitution. They say that the court has canceled some clauses added to the constitution through the 15th amendment. The rest is reserved for future parliaments.
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In 2011, the Awami League government abolished the caretaker government system through the 15th Amendment and restored the four national principles — nationalism, socialism, democracy and secularism — to the constitution. It was then that the law was brought to ensure the equality of other religions while maintaining Islam as the state religion in the constitution. Besides, the speech of March 7, 1971, declaration of independence of March 26 and declaration of independence were included in the constitution. The constitution also includes the provision of maximum punishment for usurping power illegally. Bangabandhu Sheikh Mujibur Rahman was recognized as the Father of the Nation in 2021 during the Awami League government.
Today, on Tuesday, after the final hearing of the separate writ, the High Court bench comprising of Justice Farah Mahbub and Justice Debashish Roy Chowdhury declared that Sections 20 and 21 of the 15th Amendment Act related to the abolition of non-partisan caretaker government system were declared null and void on the ‘allegation’ that it was in conflict with the Constitution. . After the verdict, the petitioner’s lawyer stood in the Supreme Court premises and told reporters that they wanted to completely cancel the 15th Amendment. However, while the court struck down several clauses, others did not. But the court said, the future Parliament can keep them or cancel them as per the need of the nation.
In the verdict, the court said, Section 47 of the 15th Amendment Act related to the abolition of the referendum provision of Article 142 of the Constitution was declared null and void as it was inconsistent with the basic structure of the Constitution. As a result, Article 142 of the Twelfth Amendment was reinstated.
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The concerned lawyer said that the honorable court said that the system of caretaker government is a part of the basic structure of the constitution of Bangladesh. Since election, democracy is the basic structure of the constitution of Bangladesh and since the system of caretaker government integrates elections and democracy, it is a basic structure of the constitution. From that point of view, it is a historical judgment. The explanation is that the major obstacle to the return of caretaker government has been removed. But it cannot be said that it has returned now; Because, it was canceled in two ways. Through court rulings and constitutional amendments by Parliament. It will be heard next January. If it is settled in favor of the petitioners, the caretaker government will return.
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