The Appellate Division of the Supreme Court on Wednesday concluded hearings on an appeal challenging the High Court verdict that declared several provisions of the Constitution's 15th Amendment, including the abolition of the caretaker government system, unconstitutional, and is set to deliver its verdict on Thursday.

A bench headed by Chief Justice Zubayer Rahman Chowdhury fixed the date after hearing arguments for a third consecutive day.

Attorney General Md Ruhul Quddus Kazal and Deputy Attorney General Anik R Haque appeared for the state, while Dr Sharif Bhuiyan and Mohammad Shishir Manir represented the appellants.

During the hearing, said, "We have argued in the appeal that some issues relating to the 15th Amendment should be left to Parliament. We believe the court will decide the remaining issues. We have submitted that, instead of annulling the entire law, some provisions may be amended, revised or changed by the next Parliament in accordance with the law after taking public opinion into account.”

Sharif argued that the 15th Amendment should be struck down in its entirety.

"The 15th Amendment was a betrayal of the Constitution. The entire amendment should be declared void," he said.

He argued that the amendment had fundamentally altered the character of the Constitution and should be annulled in full to prevent similar amendments in the future and safeguard the democratic aspirations of the people.

Shishir argued that annulling the entire 15th Amendment would effectively revive the BaKSAL system.

He told the court that the amendment dealt with several constitutional issues beyond the abolition of the caretaker government system, although the latter remained the principal issue before the court.

Shishir proposed that the portions of the HC judgment that conflict with the Constitution and fundamental rights should be set aside, while the remaining parts should be upheld. He also submitted that politically contentious issues should be left to Parliament, arguing that judicial intervention in political matters could itself become controversial.

The SC granted leave to appeal on 13 November last year.

On 17 December 2024, the HC declared unconstitutional several provisions introduced through the Constitution's 15th Amendment, including the abolition of the caretaker government system. However, it stopped short of striking down the amendment in its entirety.

The 15th Amendment, enacted in 2011 by the then Awami League government, abolished the non-party caretaker government system that had previously overseen parliamentary elections. The amendment has remained one of the country's most contentious constitutional changes, with critics arguing that it undermined electoral credibility, while its proponents maintained that the system was incompatible with the Constitution. 

The Appellate Division's verdict is expected to clarify the constitutional validity of the amendment and the future of the provisions challenged in the appeal.