Date: 03/11/2025
Statement No: CW/11/25/S/T/1
Constitutional Watchdog: Statement on the Appellate Challenge to the 15th Amendment
The recent filing of a petition before the Appellate Division of the Supreme Court, seeking the complete annulment of the 15th Constitutional Amendment, marks a critical inflection point in the nation’s constitutional trajectory. This challenge, initiated by Badiul Alam Majumder of Shujan, aims to rectify the inconsistencies that allegedly persist following the High Court’s earlier verdict on 17 December, which, while declaring specific provisions including the abolition of the Caretaker Government (CTG) system unconstitutional, refrained from striking down the entire amendment.
The core legal contention before the apex court centers on the doctrine of constitutional integrity and the Basic Structure. The appellant’s argument posits that a partial nullification of the 15th Amendment is insufficient to ensure the full, functional reinstatement of the CTG system, which the High Court itself deemed integral to democracy and the Constitution’s basic structure. It is asserted that the remaining, un-annulled clauses of the amendment continue to create operative contradictions, thereby undermining the democratic principles that the High Court sought to protect.
Constitution Watchdog views this appeal as a crucial judicial review opportunity for the Supreme Court to provide definitive jurisprudence on the boundaries of constitutional amendment power. The resolution of this matter will shape the future architecture of the Republic’s governance framework, clarifying the interplay between legislative authority and the inviolable fundamental structure of the Constitution. We urge all stakeholders to observe this process with the solemn respect due to the highest court and the gravity of the constitutional issues at hand.
Statement Issued By
Md. Ibrahim Khalilullah
President
Constitution Watchdog (CW)
