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Challenging the High Court’s partial ruling, petitioners have appealed to the Supreme Court to nullify the entire Fifteenth Amendment, contending that selective annulment has left crucial constitutional provisions non-functional.
The High Court had earlier declared certain sections of the amendment illegal, paving the way for the caretaker government system. While this partially fulfilled the petitioners’ demand, they now seek full annulment, bdnews24.com reports.
Lawyer Sharif Bhuiyan filed the appeal in the Supreme Court on Monday on behalf of SHUJAN Secretary Badiul Alam Majumdar.
“In the writ, we sought annulment of the entire amendment. But the High Court partially invalidated it, which created some issues. The caretaker provisions were not fully functional,” said Sharif.
The High Court had annulled provisions relating to the oath of the chief adviser, which the petitioners say were not fully addressed.
“Due to legal and procedural flaws in the Fifteenth Amendment, we have appealed to annul the entire amendment,” Badiul said.
The Fifteenth Amendment of 2011 brought 54 modifications, additions, and replacements to the Constitution. Among these, Sections 20 and 21, relating to the non-partisan caretaker government, were declared unconstitutional. Sections 7(k), 7(ka), and 44(2) were also invalidated.
● Section 7(k) unconstitutionally classified usurpation of state power as high treason and prescribed maximum punishment.
● Section 7(ka) sought to make fundamental constitutional provisions immutable.
● Section 44(2) addressed the enforcement of fundamental rights while maintaining High Court jurisdiction under Article 102.
The court observed that Article 142, which provided for a referendum, had been abolished by the Fifteenth Amendment. Section 47 of the caretaker repeal law was declared inconsistent with the Constitution’s basic structure, restoring Article 142 of the Twelfth Amendment.
The High Court noted that the remaining provisions were not fully annulled, leaving scope for parliament to amend, revise, or modify them based on public opinion through future legislation.