In 2024, the High Court Division of the Supreme Court of Bangladesh delivered a judgment regarding the 15th Constitutional Amendment, a decision recently upheld by the Appellate Division. The court ruled that the abolition of the Non-Party Caretaker Government system was unconstitutional, as it formed part of the basic structure of the Constitution essential for democracy. Furthermore, the court struck down the removal of the referendum requirement under Article 142, finding that abolishing this requirement without a referendum violated the will of the people. The court also invalidated Articles 7A and 7B, citing that Article 7A regarding ‘constitutional sedition’ was vague and arbitrary, while Article 7B improperly attempted to bind future parliaments. The judgment emphasized that while Parliament has the power to amend the Constitution, this power is not absolute and cannot be used to subvert the basic structure or the supremacy of the Constitution. The court also noted procedural defects in the adoption of the 15th Amendment, describing it as having been passed in an unusually hasty manner.

বাংলাদেশ সময়: ২২:৫৮:৪৮   ১৩০ বার পঠিত   #15th Amendment  #Appellate Division  #Bangladesh Constitution  #Basic Structure Doctrine  #Caretaker Government  #Constitutional Law  #High Court Division  #Judicial Review