The 15th constitutional amendment destroys the basic structures of the constitution – democracy, right to vote and free and fair elections, Sharif Bhuiyan, lead lawyer for the five petitioners challenging the constitutional amendment, told the Supreme Court yesterday.

The 15th amendment repealed the 13th amendment, which introduced the partyless system of caretaker government.

Sharif said that due to the abolition of the proxy government system with the 15th amendment, “midnight elections”, “automatic transition elections” and “fake elections” took place in the country, and the people’s opportunity to vote was impaired.

Calling it a “motivated amendment” to the 15th Amendment, he said it was introduced so that a particular political party could remain in power for successive terms.

Sharif, a senior lawyer of the Supreme Court, was presenting his arguments before HC Bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury during the second day of hearing on the rule challenging the constitutionality of the 15th amendment.

Lawyer Reduanul Karim assisted Sharif.

During the proceedings, the HC bench said that this was a case that concerned all citizens as it related to the conduct of national elections.

The bench said this after pro-BNP lawyers Zainul Abedin and Md Ruhul Quddus Kazal said that they wanted to present arguments in the court and BNP was allowed to present arguments earlier.

Two lawyers are expected to make their defense today.

After the completion of the day’s hearings, the HC committee decided to continue the hearing today.

Earlier yesterday, lawyer Sharif told the HC that the interim government system was consistent with the basic structures of the constitution and became part of the statute when the system was introduced to ensure free and fair elections and strengthen democracy.

However, he said that this change was canceled and an “authoritarian plan” was implemented in the country.

The lawyer said that the 15th amendment was brought wholesale and 64 changes were made in 54 articles of the constitution.

He said that the caretaker government system is as important for democracy as the Supreme Judicial Council is for the independence of the judiciary.

In an October 20 decision, the Appellate Division of the Supreme Court revived the Supreme Judicial Council, removing RS judges for incompetence or misconduct.

Yesterday, Sharif told the HC bench that the Appellate Division in its summary judgment in the 13th amendment case had opined that the next two parliamentary elections could be held under the interim government system, but these elections were not held under this system.

The court said the abolition of the caretaker government system was in direct conflict with the apex court’s summary judgment.

Sharif also told the SC panel that Article 7(A) of the constitution, which deals with the offenses of annulment and suspension of statutes, is inconsistent with its fundamental structures as it restricts the fundamental rights of the people to express dissenting views.

Counsel for the writ petitioners prayed the HC to strike down the 15th amendment.

The 15th amendment bill was passed by the Jatiya Sangsad on 30 June 2011 and was signed into law on 3 July the same year. It abolished the proxy government system introduced by the 13th amendment in 1996.

The repeal of the 13th amendment sparked anger among opposition parties.

The HC issued the rule on August 19 this year following a petition by Shushashoner Jonno Nagorik, Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan and Zahrah Rahman’s secretary Badiul Alam Majumdar challenging the legality and constitutionality of the 15th amendment.