HC releases full verdict declaring abolition of caretaker govt unconstitutional

The High Court today released the full text of its verdict that declared unconstitutional a key provision of the 15th amendment to the constitution, which had abolished the non-party caretaker government system.

The 139-page judgment was released after it was signed by the justices concerned.

Earlier, on December 17 last year, the High Court bench of Justice Farah Mahbub – now a judge of the Appellate Division – and Justice Debasish Roy Chowdhury delivered the verdict following two separate writ petitions.

On that day, the court also reinstated the provision of holding a referendum for any amendment to the constitution.

In the verdict, the court observed that abolishing the caretaker government system was void and unconstitutional, as it undermined democracy, free and fair elections, and the independence of the judiciary – all fundamental pillars of the constitution.

The High Court also struck down articles 7(A) and 7(B) of the constitution, terming them unconstitutional.

Article 7(A) deals with the use of force or other unlawful means to abrogate, repeal or suspend the constitution or any of its articles, while Article 7(B) renders certain constitutional provisions unamendable through insertion, modification, substitution, repeal or any other method.

The High Court declared unconstitutional the sections of the 15th Amendment Act that repealed the 13th amendment which had introduced the non-party caretaker government system in 1996 and made significant alterations to the Constitution.

However, the verdict did not interfere with other elements of the 15th amendment relating to state principles such as secularism, socialism, state religion, nationalism, the recognition of the Father of the Nation, and the number of reserved seats for women in parliament.

The court said decisions on these matters would be left to future governments.