15th amendment paved way for fascist regime

Attorney General Md Asaduzzaman told the High Court today that the 15th amendment to the constitution, which abolished the caretaker government system, has hurt the people of Bangladesh by infringing on their fundamental rights to voting, democracy, and other basic constitutional structures.
“The 15th amendment law, a colorable legislation, was formulated to ensure the continuation of a one-party fascist regime in the country,” he said.
“Why should this amendment not be declared unconstitutional? It directly contradicts the spirit of the Liberation War of 1971, the mass uprising of the ’90s, and the July revolution of 2024.”
The attorney general argued that these principles do not justify thousands of disappearances, over 600,000 secret charges, or extrajudicial killings. “If this amendment is not scrapped, the souls of martyrs, including Abu Sayeed and Mugdha, will not rest in peace,” he said.
Asaduzzaman made his comments before the HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury on the fifth day of hearings questioning the constitutionality of the 15th amendment, which had abolished the 13th amendment and the nonparty caretaker government system.
After the day’s proceedings, the HC bench scheduled the hearing to resume tomorrow.
Earlier, the attorney general requested a directive from the HC to restore the constitutional provision for conducting referendums to gather public opinion before amending the republic’s charter. He noted that article 142 (1A) of the constitution had previously included a referendum provision, removed by the 15th amendment. “We want this provision restored, as it was repealed by MPs who had secured their positions through vote rigging,” he said.
Asaduzzaman argued that state sovereignty and constitutional supremacy have been eroded by inserting articles 7A, which deals with “offenses of abrogation or suspension,” and 7B, which states that “basic provisions of the constitution are not amendable.”
He further argued that “democracy,” not “socialism,” should be a fundamental state policy principle. “We want the words socialism and secularism removed from the constitution. Islam as the state religion must remain intact as 90 percent of Bangladesh’s population is Muslim,” he added. Article 2A of the constitution says, “The state religion of the Republic is Islam, but the State shall ensure equal status and equal rights in the practice of the Hindu, Buddhist, Christian, and other religions.”
The attorney general acknowledged Sheikh Mujibur Rahman’s contributions but noted serious public debate about the title “father of the nation”. He argued that the 15th amendment, which added the title, was divisive. “The original post-independence constitution did not mention a father of the nation, and now speaking against him is considered treason, which contradicts the spirit of the constitution,” he said.
Asaduzzaman also pointed out that article 9, which references “Bengalee nationalism,” is at odds with the country’s diverse linguistic heritage, as people of different ethnic backgrounds fought for independence.
Jamaat-e-Islami’s lawyer Mohammad Shishir Manir argued that the 15th amendment violated the people’s aspirations, undermined the constitution, and promoted authoritarianism. “Socialism was never the aspiration of our people. The amendment restored socialism in the constitution. The will of the people is the supreme law, yet this amendment has concentrated power, undermining democracy and establishing dictatorship,” Manir said.
Following a writ petition, another HC bench led by Justice Naima Haider issued a rule on August 19, asking government authorities to explain why the Constitution (15th Amendment) Act should not be declared unconstitutional and why actions taken under this act should not be considered as “transactions past and closed”.