The Appellate Division has upheld the High Court verdict that struck down parts of the 15th Amendment to the Constitution, which had brought several changes, including the abolition of the caretaker government system.
As a result, both the referendum provision and the caretaker government system have returned to the Constitution.
The Appellate Division, led by the Chief Justice Zubayer Rahman Chowdhury, delivered the verdict on Thursday.
Following the ruling, Law Minister Md Asaduzzaman said the next general election would be held under a caretaker government. “This is our political commitment. The caretaker government is the fruit of the BNP’s movement,” he told reporters at the ministry.
The Appellate Division heard the matter for three consecutive days from last Monday before delivering its decision. Attorney General Md Ruhul Quddus Kazal said, “The appeals filed by Badiul Alam Majumder, Jamaat-e-Islami, and others against the High Court’s verdict have been dismissed, meaning that the High Court’s verdict remains in effect.”
According to the verdict, the Supreme Court will have the sole authority to repeal Article 7B of the Constitution, restore the caretaker government system and referendum provision, and enforce fundamental rights. Parliament will decide on the other changes introduced through the 15th Amendment.
On 13 November, the Appellate Division granted leave to appeal against the High Court verdict that declared illegal the abolition of the caretaker government system and several other provisions introduced through the 15th Amendment. After the final hearing on two separate writ petitions, the High Court on 17 December 2025 declared parts of the amendment unconstitutional and annulled them, paving the way for the return of the caretaker system.
Dissatisfied with the partial annulment, the writ petitioners appealed seeking cancellation of the entire 15th Amendment. They argued that the partial annulment did not fully restore the system and omitted the oath of the Chief Adviser. Freedom fighter Mofazzal Hossain, Jamaat-e-Islami Secretary General Mia Golam Parwar, BNP Secretary General Mirza Fakhrul Islam Alamgir, and the Human Rights Support Society also filed separate appeals and petitions.
The attorney general said, “The High Court Division gave observations on four issues. One of them is the return of the non-partisan caretaker government system to the constitution, the return of referendums and the power of the writ petitions of Article 7 (A), Article 7 (B) and the Supreme Court.”
“Ultimately, as a result of this verdict, the verdict of the High Court was upheld. That is, the caretaker government has returned. And the rest are now in parliament, what was later left by the High Court is ultimately the decision of parliament,” he said.
Passed on 30 June 2011, the Awami League government’s 15th Amendment altered 54 areas of the Constitution. Following the July uprising, separate writ petitions were filed last year challenging the entire law and some of its provisions.
What was on the 15th amendment
Passed on 30 June 2011 under the Awami League government, the 15th Amendment introduced changes to 55 areas of the Constitution.
Its most significant impact was the complete abolition of the non-partisan caretaker government system, replacing it with elections held under a party-led interim government within 90 days before parliament’s term expired. The amendment also stripped courts of the power to issue orders against Election Commission decisions.
Additionally, the 15th Amendment constitutionally recognised Bangabandhu Sheikh Mujibur Rahman as the Father of the Nation and restored four national principles: nationalism, socialism, democracy, and secularism.
It increased reserved seats for women in parliament from 45 to 50 and classified the unconstitutional seizure of state power as high treason, carrying the maximum punishment.
Finally, it historicised the Constitution by incorporating Bangabandhu’s March 7 speech alongside the March 26 Proclamation of Independence.
Last year, the High Court declared the parts of this amendment that abolished the caretaker system unconstitutional. By annulling those sections, the High Court effectively paved the way for the return of the non-partisan caretaker system and referendum provisions.
