BNP’s lawyer Md Ruhul Quddus Kazal, in his statement in the Supreme Court yesterday, said that by passing the 15th amendment without holding a referendum, the constitution was violated through “parliamentary fraud”.

He said the amendment, which does away with the caretaker government system, was brought to allow the Awami League government to “stay in power indefinitely” and compromise the basic structure of the constitution.

He made the remarks before the HC bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury on the sixth day of hearings questioning the legitimacy of the 15th amendment.

After the hearing, the court postponed the hearing to next Wednesday.

The 15th amendment, which took effect in 2011, repealed the 13th Amendment, which established the nonpartisan caretaker government system in 1996 to oversee elections.

At the same hearing, Jamaat-e-Islami lawyer Muhammad Shishir Manir argued in court that the 15th Amendment undermines the supremacy of the constitution and ignores the will of the people.

“The interim government was necessary to establish democracy and ensure free and fair elections. Without it, there can be no mechanism to hold credible elections. The removal of the interim government has dismantled our constitutional institutions and electoral process, including local government elections. Bangladesh maintains its position as a Democratic nation “It has lost and is now viewed as an autocratic regime in the global community,” he added.

Meanwhile, Manir filed a petition to revoke Article 70 of the constitution, which prevents MPs from voting against their own party in parliament. He argued that Article 70 suppressed MPs’ freedom of expression, a fundamental constitutional right.

Manir also argued that the 15th amendment entrenched an authoritarian regime, eroding democratic principles, the rule of law and fundamental rights. He said the amendment disrupted the mechanisms of fair elections, separation of powers and judicial independence.

Manir argued that the caretaker government system introduced by political consensus with the 13th amendment had become the “fundamental structure” of the constitution and should be protected.

As a result, he called for the repeal of the 15th amendment, which excluded a few select provisions.

Earlier, on August 19, a separate HC bench headed by Justice Naima Haider issued a rule asking the authorities to explain why the 15th amendment should not be declared unconstitutional. The rule also questioned whether actions taken under this amendment would be considered irreversible.