Attorney General Md Asaduzzaman yesterday pleaded for the restoration of the election-time caretaker government system during a hearing at the High Court on a rule that questioned the legitimacy of the 15th constitutional amendment, which abolished the system.

Describing the 15th amendment law as a legislation that was intended to deceive the people, he said it was formulated to prolong the one-party fascist regime.

The "grave of democracy" was dug by abolishing the caretaker government system, Asaduzzaman remarked.

The top legal officer of the state called for declaring the 15th amendment unconstitutional, arguing that it violated the people's fundamental rights to voting, and destroyed democracy and other basic structures of the constitution.

He said the amendment cannot be kept as part of the constitution since it is "directly contradictory" to the spirits of the Liberation War, the 90's anti-autocracy movement, and the July-August mass uprising of 2024.

"If this amendment is not scrapped, the souls of the martyrs, including Abu Sayeed and Mugdho [Mir Mahfuzur Rahman], won't rest in peace," Asaduzzaman said.

The attorney general was presenting arguments before the HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury during the fifth day's hearing on the rule.

The 15th amendment in 2011 scrapped the 13th amendment, which had introduced the non-party caretaker government system in 1996.

After concluding the day's proceedings, the HC bench adjourned the hearing until today.

Earlier in the day, Asaduzzaman sought a directive from the HC to restore article 142 (1A) of the constitution -- a provision for referendums to get the people's opinions before bringing any constitutional amendment. The provision was removed through the 15th amendment.

"This provision was repealed by the votes of those who became members of parliament through vote rigging," he said.

The attorney general said the insertion of article 7A and 7B into the constitution through the 15th amendment "destroyed the sovereignty of the state and supremacy of the constitution".

Article 7A deals with "offence of abrogation, suspension, etc" and 7B states that the "basic provisions of the constitution are not amendable".

Asaduzzaman also said, "We want the words 'socialism' and 'secularism' to be dropped from the constitution …. 'Democracy', not 'socialism', can be the fundamental principle of the state policy."

He argued against declaring Bangabandhu Sheikh Mujibur Rahman the father of the nation through the 15th amendment, saying there is a serious debate about the issue.

The attorney general also said article 9 about "Bangalee nationalism" is contradictory to the constitution, as there are people of other languages in the country who fought for independence.

Jamaat-e-Islami lawyer Shishir Manir said during the hearing, "Socialism has never been the aspiration of our people. However, the 15th amendment restored the concept of socialism in our constitution." 

Following a writ petition, another HC bench led by Justice Naima Haider on August 19 issued a rule asking the authorities concerned to explain why the Constitution (15th Amendment) Act should not be declared unconstitutional.

The rule also asked why the previous actions taken under this act should not be treated as transactions past and closed.