Appeal soon for total repeal: Dr Badiul Alam

Dr Badiul Alam Majumdar, Member of the National Consensus Commission and also Secretary of Sushashoner Jonno Nagorik (Shujan), on Tuesday said an appeal petition would be filed soon with the Appellate Division of the Supreme Court, seeking complete repeal of the fifteenth amendment of the Constitution.
He further said, "The High Court verdict, which declared several articles introduced by the 15th amendment unconstitutional, is a welcome development and a significant step towards restoring democracy."
"However, we note with concern that certain critical issues were not properly addressed in the judgment. The amendment was enacted through a non-transparent process, bypassing essential constitutional procedures required for such changes. These procedural irregularities deserved thorough consideration in the verdict."
He made the announcement during a press conference, held at the Foreign Service Academy in the capital. His lawyer Dr Sharif Bhuiyan was also present at the conference.
The amendment, which introduced changes in 54 areas of the Constitution, is the subject of a writ petition, filed by Mr Majumdar and four other civil society members.
Following two writ petitions, including the one filed by Mr Majumdar, the High Court on 17 December 2024 declared some controversial changes brought by the 15th amendment void and unconstitutional. The full text of the verdict has recently been released on the SC website.
The court said, "A total of 54 changes were brought through the 15th constitutional amendment, but we are not declaring those void as a whole."
The verdict has declared provisions of the 15th Amendment Act, repealing the once election-time caretaker government, as void and ultra vires to the Constitution.
It observed that the amendment destroyed the basic structure of the Constitution and was also contradictory to the short verdict of the Appellate Division regarding the 13th amendment.
Besides, it also restored the previous form of Article 142 of the Constitution, asking for a referendum for bringing change in the basic structure.
Dr Sharif Bhuiyan said the non-party caretaker government system is not fully revived even after the High Court verdict.
"A petition seeking a review of the Appellate Division's judgment that annulled the caretaker government system is currently pending before the apex court. If the verdict is delivered in our favour, it would pave the way for full restoration of the caretaker government system," he added.

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