HC releases full verdict ruling caretaker government abolition unconstitutional

The High Court today released the full text of its verdict declaring the abolition of the non-party caretaker government system—through a key provision of the 15th constitutional amendment—unconstitutional.

The verdict, originally delivered on December 17 last year by a bench comprising Justice Farah Mahbub (now elevated to the Appellate Division) and Justice Debasish Roy Chowdhury, came in response to two separate writ petitions.

In its judgment, the court also reinstated the constitutional requirement of holding a referendum for any amendment to the constitution. It observed that the removal of the caretaker government system violated the principles of democracy, free and fair elections, and judicial independence—core tenets of the Constitution—and was therefore null and void.

The High Court further struck down Articles 7(A) and 7(B) of the Constitution, terming them unconstitutional. Article 7(A) criminalised attempts to repeal or suspend the Constitution through force or illegal means, while Article 7(B) prohibited changes to certain provisions of the Constitution.

The verdict invalidated portions of the 15th Amendment Act that had repealed the 13th amendment—under which the caretaker system was introduced in 1996—and had significantly altered the constitutional framework.

However, the court did not challenge other provisions of the 15th amendment, such as those affirming secularism, socialism, state religion, nationalism, the recognition of the Father of the Nation, or the number of reserved seats for women in parliament. It noted that decisions on those matters should be left to future governments.