Supreme Court Restores Caretaker Government System, Referendum Provision

The Appellate Division of the Supreme Court on Thursday upheld a High Court judgment declaring several provisions of the Constitution's 15th Amendment unlawful, including the abolition of the caretaker government system, effectively restoring both the caretaker government mechanism and the constitutional provision for referendums.

A four-member Appellate Division bench headed by Chief Justice Zubayer Rahman Chowdhury delivered the verdict at around 9:30am.

Following the ruling, Attorney General Ruhul Quddus Kajal said in a post on his verified Facebook account that the appeal challenging the High Court judgment on the 15th Amendment had been dismissed.

He said the Appellate Division upheld the High Court's decision, resulting in the annulment of Article 7B of the Constitution, the reinstatement of the caretaker government system and the referendum provision, while affirming that only the Supreme Court has the authority to enforce fundamental rights.

The attorney general said parliament would determine the fate of the remaining changes introduced through the 15th Amendment.

Senior advocate Sharif Bhuiyan represented the appeal filed by Dr Badiul Alam Majumdar during the hearing. Senior advocate Mohammad Shishir Manir appeared for Jamaat-e-Islami, while Barrister ASM Shahriar Kabir represented freedom fighter Md Mofazzal Hossain.

The hearing had previously been adjourned on 11 December 2025 by a six-member Appellate Division bench led by then Chief Justice Dr Syed Refaat Ahmed after proceedings held over several days.

Enacted in 2011, the 15th Amendment introduced changes to 54 provisions of the Constitution.

In August 2024, BNP, Jamaat-e-Islami, five eminent citizens, Shujan Secretary Dr Badiul Alam Majumdar and freedom fighter Md Mofazzal Hossain of Naogaon filed separate writ petitions challenging the legality of the amendment.

On 17 December 2024, the High Court declared several provisions of the 15th Amendment unconstitutional, including those abolishing the caretaker government system, and restored the constitutional provision for referendums.

The High Court, however, did not invalidate the amendment in its entirety. It left issues such as the recognition of the Father of the Nation and the declaration of 26 March to parliament, considering public sentiment.

The writ petitioners subsequently filed separate appeals seeking the complete annulment of the 15th Amendment.

During the proceedings, senior advocate Sharif Bhuiyan argued that repealing the entire amendment could create legal complications, saying the court could preserve provisions necessary to avoid such problems.