Crucial door now open for restoring democracy
Badiul Alam Majumdar, one of the five writ petitioners challenging the 15th amendment, expressed satisfaction with the High Court's verdict yesterday declaring two articles of the act -- regarding the abolition of the non-partisan caretaker government system -- unconstitutional and nullified.
"This historic verdict has opened a critical pathway for the revival of democracy," said Majumdar, who filed the petition along with four other prominent citizens on August 18, 2011.
For all latest news, follow The Daily Star's Google News channel. The amendment was enacted by the parliament on June 30, 2011 during the Awami League government's tenure, with its gazette notification issued just three days later.
The court observed that the provisions undermined democracy, which is the fundamental structure of the constitution.
Additionally, the court nullified several clauses added through the 15th amendment, including Articles 7A, 7B, and 44(2), citing their inconsistency with the constitution.
The AL government became authoritarian with the help of the 15th amendment and with the judgement of Justice ABM Khairul Haque, according to Majumdar, also the secretary of Shushashoner Jonno Nagorik.
The amendment institutionalised authoritarian governance in two ways: by stipulating holding elections under a partisan government and introducing Article 7A into the constitution, which prohibited criticism of the constitution and labelling such actions as seditions.
"I believe this is a landmark judgement -- a seminal ruling," said Majumdar, also the chief of the Election Reform Commission.
While the judgment has opened a significant door for the return of democracy, whether democracy actually returns depends on future actions.
"Democratic progress requires behavioural changes. If politicians and stakeholders reform their conduct and fulfil their responsibilities, democracy will be restored. Otherwise, it will not."
Majumdar said he and many others had been vocal against the 15th amendment despite extremely hostile conditions and the court recognised and expressed gratitude to them.
Various entities -- including the BNP, Bangladesh Jamaat-e-Islami, Gono Forum, organisations and individuals -- later joined the proceedings of the writ petition as interveners. During the hearing, legal arguments were presented by representatives of all petitioners.
"We filed this writ to uphold truth and justice and to ensure a functional democratic system. Today, I am overjoyed for the entire nation."
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