The High Court on Monday issued a rule asking why the 15th amendment should not be declared in conflict with the constitution that revoked caretaker government system in 2011.
That amendment also gave constitutional recognition to Bangabandhu Sheikh Mujibur Rahman as the father of the nation.
The High Court bench of Justice Naima Haider and Justice Shashank Shekhar Sarkar issued the rule after the preliminary hearing on the writ petition filed by five eminent persons in public interest.
Lawyer Dr. Sharif Bhuiyan stood for the petitioner while Attorney General Md Asaduzzaman and Deputy Attorney General Faiz Ahmed represented the state.
Five prominent persons including Badiul Alam Majumdar, founder-secretary of a civil society organization named Citizens for Good Governance (SHUJAN) filed a writ challenging the validity of the Fifteenth Amendment of the Constitution. The other four are Tofail Ahmed, M Hafiz Uddin Khan, Zobairul Haque Bhuiyan and Zahra Rahman.
Earlier, the Fifteenth Amendment was passed by the parliament on June 30, 2011 and the President gave his assent on July 3, 2011.
In addition, the number of seats reserved for women in the National Parliament was increased from 45 to 50; Secularism and religious freedom were re-enforced in the constitution. The principles of nationalism, socialism, democracy and secularism were added as state principles through this amendment.
Lawyer Sharif Bhuiyan said according to Article 142, to change or amend several articles at once, a referendum must be held. Many articles of the constitution were changed through the fifteenth amendment. But no referendum was held. Passing the amendment without referendum is unconstitutional, he added.
He further said that the Appellate Division in its written summary order in the Thirteenth Amendment case said that the next two (10th and 11th) National Assembly elections should be held under a caretaker government. But in defiance of that order, the Thirteenth Amendment was repealed by the Fifteenth Amendment. As a result, the 10th and 11th National elections were held under a party government instead of a caretaker government. That is why the Fifteenth Amendment is in conflict with the order of the Appellate Division and against the basic structure of the Constitution.
