15th Amendment of the Constitution of Bangladesh; An Overview

Abstract

The 15th Amendment to the Constitution of Bangladesh represents a pivotal and highly debated reform in the nation’s constitutional and political history. This study delves into the amendment, emphasizing its background, rationale, provisions, and effects on the governance and legal framework of Bangladesh. The research begins by laying a foundation through an introductory chapter that identifies the research problem, outlines the objectives, scope, and methodology, and reviews relevant literature to provide context. The study proceeds with a general exploration of constitutional amendments in Bangladesh, offering insights into the procedures and historical evolution of constitutional changes since 1972. It then transitions into an in-depth examination of the 15th Amendment, analyzing its major features, including the controversial removal of the caretaker government system, adjustments to the role of religion and secularism in governance, and the introduction of several contentious provisions. A critical evaluation of the amendment follows, focusing on its abolition of the caretaker system and the ensuing debates over its implications for democracy and judicial intervention. The analysis addresses the challenges arising from the amendment, such as its divisive impact on political stability and democratic practices, while also highlighting its positive contributions, including the reinforcement of key constitutional principles and measures to preserve national identity. The study further explores the tension between religion and secularism, examining how the amendment seeks to balance the nation’s diverse socio-political dynamics. It also emphasizes the influence of political forces and judicial decisions in shaping the outcomes of the amendment. Concluding with an assessment of the broader implications of the 15th Amendment, this research highlights its transformative yet controversial legacy within Bangladesh's constitutional framework. It underscores the importance of harmonizing legal reforms with democratic ideals to promote sustainable governance and societal cohesion.