15th amendment to constitution: It ruined basic structures of constitution

The 15th constitutional amendment has destroyed the charter’s basic structures, democracy, right to vote, and free and fair polls, Sharif Bhuiyan, principal counsel for the five writ petitioners who challenged the constitutional amendment, told the High Court yesterday.
The 15th amendment annulled the 13th amendment which had introduced the nonparty caretaker government system.
Sharif said people’s opportunity to cast votes was ruined, and “midnight elections”, “auto pass elections” and “dummy elections” took place in the country due to the abolition of the caretaker government system through the 15th amendment.
Terming it a “motivated amendment”, he said the 15th amendment was brought so that a particular political party can remain in power for successive terms.
Sharif, a senior lawyer of the Supreme Court, was presenting arguments before the HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury during the second day’s hearing on the rule that questioned the constitutionality of the 15th amendment.
Barrister Reduanul Karim assisted Sharif.
During the proceedings, the HC bench said this is a case of all citizens as it is related to holding national elections.
The bench said this after pro-BNP lawyers Zainul Abedin and Md Ruhul Quddus Kazal told the court that they wanted to present arguments as the BNP was earlier allowed to place arguments.
The two attorneys are likely to present arguments today.
After concluding the day’s proceedings, the HC bench fixed today for resuming the hearing.
Earlier yesterday, lawyer Sharif told the HC that the caretaker government system is consistent with the constitution’s basic structures and it became a part of the charter as the system was introduced to ensure free and fair elections and strengthen democracy.
But this amendment was scrapped and an “authoritarian scheme” was introduced in the country, he said.
The lawyer said the 15th amendment was brought in a wholesale manner as 64 changes were made to 54 articles of the constitution.
He said the caretaker government system is essential for democracy like the Supreme Judicial Council is for the independence of judiciary.
The Appellate Division of the Supreme Court in a verdict on October 20 revived the Supreme Judicial Council to remove SC judges for incapacity or misbehaviour.
The Appellate Division in its short verdict in the 13th amendment case observed that the next two parliamentary polls could be held under the caretaker government system, but those elections were not held under the system, Sharif told the HC bench yesterday.
The court said abolition of the caretaker government system was in direct contradiction to the apex court’s short verdict.
Sharif further said that article 7(A) of the constitution which deals with the offences of abrogation and suspension of the charter is contradictory to its basic structures as it has curtailed the people’s fundamental rights to express dissenting opinions.
The writ petitioners’ lawyer prayed to the HC to scrap the 15th amendment.
The 15th amendment bill was passed by the Jatiya Sangsad on June 30, 2011, and it was signed into a law by the president on July 3 that year. The amendment abolished the caretaker government system which was introduced through the 13th amendment in 1996.
The scrapping of the 13th amendment had sparked outrage among the opposition parties.
The HC on August 19 this year issued the rule following a petition filed by Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik, Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan and Zahrah Rahman, challenging the legality and constitutionality of the 15th amendment.