News Desk : dhakamirror.com
The High Court on Tuesday declared several provisions of the Constitution, introduced through the contentious 15th amendment, partially unconstitutional, reinforcing the foundational principles of democracy, judicial independence, and the Constitution’s basic structure.
The bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury delivered the verdict, addressing amendments that abolished the national election time non-party caretaker government system and introduced restrictions on constitutional amendments, among other contentious changes.
The court deemed abolishing Article 58D, introduced the non-partisan caretaker government system, unconstitutional.
The system, previously pivotal in ensuring impartiality in parliamentary elections, cannot, however, be restored immediately.
This is due to a pending review petition in the Appellate Division against its scrapping.
Articles 7A and 7B which introduced the basic structure doctrine and declared certain constitutional provisions unamendable were invalidated.
The 7A provisions also prescribed capital punishment for constitutional violations.
The court ruled that these articles contradicted democratic principles by restricting the future Parliament’s authority to amend the Constitution through proper procedures.
The abolition of the referendum mechanism, a democratic safeguard that aligned constitutional amendments with public opinion, was declared invalid.
The court reinstated the provision, as introduced through the 12th amendment in 1991.
Article 44(2), which curtailed the Supreme Court’s power to enforce fundamental rights, was struck down.
The court held that it violated the principle of separation of powers and undermined judicial independence.
The verdict arose from two writ petitions challenging the legality of the 15th amendment, enacted by the Awami League-led government in 2011.
The petitioners argued that the amendment eroded the constitutional framework by abolishing the caretaker government system, restricting judicial powers, and preventing future constitutional amendments.
– Input from New Age was used in this article.
