The 15th constitutional amendment, which abolished the caretaker government system, harmed the people of Bangladesh by violating the fundamental rights to voting, democracy and other basic constitutional structures, Attorney General Md Asaduzzaman said in the Supreme Court today.

“The 15th Amendment Act, a colorful law, was formulated with the aim of ensuring the continuation of the one-party fascist regime in the country,” he said.

“Why shouldn’t this amendment be considered unconstitutional? It directly contradicts the spirit of the 1971 War of Independence, the mass uprising in the 90s and the July 2024 revolution.”

The attorney general argued that these principles did not justify thousands of disappearances, more than 600,000 secret indictments or extrajudicial killings. “If this amendment is not revoked, the souls of the martyrs, including Abu Sayeed and Mugdha, will not rest in peace,” he said.

Asaduzzaman made his statements before Supreme Court Justice Farah Mahbub and Justice Debasish Roy Chowdhury on the fifth day of the hearings, where the constitutionality of the 13th amendment and the 15th amendment, which abolished the partyless caretaker government system, were questioned.

After the daily hearings, the HC committee planned the hearing to continue tomorrow.

Earlier, the attorney general had sought an order from the HC to restore the constitutional provision for holding a referendum to gather public opinion before changing the statute of the republic. He noted that Article 142 (1A) of the Constitution contained a referendum provision, which was previously removed by the 15th amendment. “We want this provision to be brought back because it was repealed by MPs who secured their positions by rigging votes,” he said.

Asadüzzaman argued that state sovereignty and constitutional supremacy were eroded with the addition of Articles 7A, which regulates “abrogation and postponement crimes”, and Article 7B, which states that “the fundamental provisions of the constitution cannot be changed”.

He also argued that “democracy”, not “socialism”, should be a fundamental principle of state policy. “We want the words socialism and secularism to be removed from the constitution. Since 90 percent of Bangladesh’s population is Muslim, Islam as the state religion should remain intact.” Article 2A of the Constitution states: “The state religion of the Republic shall be Islam, but the State shall ensure equal status and equal rights in the practice of Hindu, Buddhist, Christian and other religions.”

The Attorney General acknowledged the contributions of Sheikh Mujibur Rahman, but pointed out that there was serious public debate regarding the title of “father of the nation”. He argued that the 15th amendment, which added the title, was divisive. “The father of the nation was not mentioned in the original post-independence constitution and now speaking against him is considered treason and this is against the spirit of the constitution,” he said.

Asaduzzaman also pointed out that Article 9, which refers to “Bengali nationalism”, contradicts the country’s diverse linguistic heritage, where people of different ethnic backgrounds struggle for independence.

Jamaat-e-Islami’s lawyer, Muhammad Shishir Manir, argued that the 15th amendment violates the will of the people, undermines the constitution and encourages authoritarianism. Manir said, “Socialism was never the desire of our people. The amendment restored socialism to the constitution. The will of the people is the supreme law, but this amendment concentrated power, undermined democracy and established dictatorship.” he said.

Following the writ petition, another HC bench headed by Justice Naima Haider issued a rule on August 19, asking government officials to explain why the Constitution (15th Amendment) Act should not be declared unconstitutional and why actions taken under it should not be treated as unconstitutional. “past and closed transactions”.