The High Court on Tuesday raised questions over the legality of the fourth amendment to the constitution, enacted on January 25, 1975, during the presidency of Sheikh Mujibur Rahman.
This controversial amendment abolished the parliamentary system, ushering in a presidential form of governance and institutionalising one-party rule under the Bangladesh Krishak Sramik Awami League (BAKSAL), effectively ending multi-party democracy.
The High Court bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury issued a rule asking the government to explain why the amendment should not be declared unconstitutional.
The court鈥檚 directive followed a writ petition filed by freedom fighter Mofazzal Hossain on October 23.
Lawyer ASM Shahriar Kabir, representing the petitioner, argued that the amendment fundamentally altered the democratic principles enshrined in the original constitution framed in 1972.
The cabinet secretary, principal secretary to the chief adviser鈥檚 office and the law ministry secretary have been directed to respond to the rule.
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