Fifteenth Constitution (Fifteenth Amendment) Act 2011
On 17 December 2024 the High Court Division declared void its abolition of the caretaker system, its removal of the referendum from Article 142, and Articles 7A, 7B and 44(2). The Appellate Division dismissed the appeals on 9 July 2026, as reported; the rest stands, subject to Parliament.
The Fifth Amendment judgment of 2010 and the Thirteenth Amendment judgment of May 2011 left the text out of step with the courts. A special parliamentary committee was set up to revise the Constitution in response.
The Ninth Parliament passed the Constitution (Fifteenth Amendment) Bill on 30 June 2011, and it was gazetted on 3 July 2011 as Act XIV of 2011. Its fifty sections touched the Preamble, more than fifty Articles and six Schedules.
It restored nationalism, socialism, democracy and secularism as fundamental principles and kept Islam as the state religion with equal rights for other faiths. It recognised the Father of the Nation and added the 1971 speech and independence documents as Schedules.
Sections 20 and 21 omitted Article 58A and Chapter IIA, ending the caretaker government. Article 123(3) was changed so that elections are held before an expiring Parliament is dissolved. Article 142 lost its referendum requirement.
New Article 7A made unconstitutional seizure of power sedition, and Article 7B declared the Preamble, Parts I to III and other basic provisions unamendable. Other changes covered the environment, minority cultures and women's representation.
On 17 December 2024 the High Court Division declared void the caretaker abolition, the removal of the referendum, and Articles 7A, 7B and 44(2). The Appellate Division dismissed the appeals on 9 July 2026, as reported.
In plain English
Constitution (Fifteenth Amendment) Act 2011
The Fifteenth Amendment was one of the widest revisions of the Constitution, touching more than fifty provisions. It restored nationalism, socialism, democracy and secularism as fundamental principles, while keeping Islam as the state religion, and recognised Bangabandhu Sheikh Mujibur Rahman as Father of the Nation. It abolished the caretaker government, removed the referendum requirement for amending core provisions, added Articles 7A and 7B, raised the reserved seats for women to 50, and added the Fifth to Seventh Schedules.
In 2024 the High Court Division declared several of these changes void, and in 2026 the Appellate Division let that ruling stand, as reported.
Background
In 2010 the Appellate Division upheld the High Court Division's judgment voiding the Fifth Amendment, and in May 2011 it declared the Thirteenth Amendment prospectively void. Parliament formed a special committee to revise the Constitution in the light of these judgments. The resulting Bill was passed on 30 June 2011, during the Ninth Parliament. The next two general elections, in 2014 and 2018, were held under the sitting government. After the change of government in August 2024, citizens filed writ petitions challenging the Act.
What changed
What the Fifteenth Amendment changed, article by article
Preamble
Fifteenth AmendmentReplaced the opening invocation, replaced "a historic war for national independence" with "a historic struggle for national liberation", and substituted the second paragraph naming nationalism, socialism, democracy and secularism.
Sections 2 and 3.
Article 2A
Fifteenth AmendmentKept Islam as the state religion and added that the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.
Section 4.
Article 4A
Fifteenth AmendmentThe portrait of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, shall be preserved and displayed at specified offices, institutions and missions.
Section 5; replaced the 2004 provision on portraits of the President and the Prime Minister.
Article 6
Fifteenth AmendmentThe people of Bangladesh shall be known as Bangalees as a nation and the citizens of Bangladesh shall be known as Bangladeshis.
Section 6.
Article 7A
Fifteenth AmendmentMade abrogating, suspending or subverting the Constitution by force or unconstitutional means sedition, punishable with the highest punishment prescribed by law.
Section 7. Declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 7B
Fifteenth AmendmentMade the Preamble, Part I, Part II, Part III and other basic provisions of the Constitution unamendable.
Section 7. Declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 8
Fifteenth AmendmentRestored nationalism, socialism, democracy and secularism as the fundamental principles of state policy.
Section 8 substituted clauses (1) and (1A).
Article 9
Fifteenth AmendmentSubstituted the article on Bangalee nationalism.
Section 9.
Article 10
Fifteenth AmendmentSubstituted the article on socialism and freedom from exploitation.
Section 10.
Article 12
Fifteenth AmendmentRestored the article on secularism and freedom of religion.
Section 11.
Article 18A
Fifteenth AmendmentRequires the State to protect and improve the environment and to preserve natural resources, biodiversity, wetlands, forests and wildlife.
Section 12.
Article 19
Fifteenth AmendmentAdded clause (3) on ensuring equality of opportunity and participation of women in all spheres of national life.
Section 13.
Article 23A
Fifteenth AmendmentRequires the State to protect and develop the culture of tribes, minor races, ethnic sects and communities.
Section 14.
Article 25
Fifteenth AmendmentOmitted the clause numbering and the former clause (2) on relations with Muslim countries.
Section 15.
Article 38
Fifteenth AmendmentSubstituted Article 38, with a proviso barring associations formed to destroy communal harmony, to discriminate, to organise terrorist or militant acts, or with objects inconsistent with the Constitution.
Section 16.
Article 42
Fifteenth AmendmentSubstituted clause (2), on laws for compulsory acquisition and compensation, for the former clauses (2) and (3).
Section 17.
Article 44
Fifteenth AmendmentSubstituted Article 44; clause (2) lets Parliament empower another court to exercise High Court Division powers under Article 102.
Section 18. Clause (2) declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 47
Fifteenth AmendmentSubstituted the proviso to clause (2) and inserted words in clause (3) so that it covers any individual, group of individuals or organisation.
Section 19.
Article 58A
Fifteenth AmendmentArticle 58A (Application of Chapter), inserted in 1996.
Section 20. Declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 58B
Fifteenth AmendmentArticle 58B, the Non-Party Care-taker Government.
Section 21 omitted Chapter IIA. Declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 58C
Fifteenth AmendmentArticle 58C, composition of the caretaker government and appointment of the Chief Adviser.
Section 21. Declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 58D
Fifteenth AmendmentArticle 58D, functions of the caretaker government.
Section 21. Declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 58E
Fifteenth AmendmentArticle 58E, provisions to remain ineffective during the caretaker period.
Section 21. Declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 61
Fifteenth AmendmentThe supreme command of the defence services of Bangladesh shall vest in the President and the exercise thereof shall be regulated by law.
Section 22; removed the 1996 caretaker-period wording.
Article 65
Fifteenth AmendmentRaised the reserved seats for women in clause (3) to 50 and inserted clause (3A) on the composition of the Parliament then in existence.
Section 23. Clause (3) was substituted again in 2018.
Article 66
Fifteenth AmendmentOmitted sub-clause (dd), inserted sub-clauses (e) and (f), substituted clause (2A) on dual citizenship and inserted clause (3).
Section 24.
Article 70
Fifteenth AmendmentSubstituted Article 70 on vacation of a seat for resigning from, or voting against, the member's party.
Section 25.
Article 72
Fifteenth AmendmentInserted words excepting the ninety-day period in Article 123(3)(a) from the sixty-day rule between sessions.
Section 26.
Article 80
Fifteenth AmendmentSubstituted clause (3) and omitted words from clause (4) requiring a returned Bill to be passed again by a majority of the total number of members.
Section 27.
Article 82
Fifteenth AmendmentInserted the words "in any Money Bill" in the proviso.
Section 28.
Article 88
Fifteenth AmendmentSubstituted sub-paragraph (ii) on Supreme Court judges and paragraph (c) on administrative expenses of named constitutional bodies.
Section 29.
Article 93
Fifteenth AmendmentSubstituted the words "Parliament stands dissolved or is not in session" in clause (1).
Section 30.
Article 94
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 95
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 96
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 97
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 98
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 99
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 100
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 101
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 102
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 103
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 104
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 105
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 106
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 107
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 108
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 109
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 110
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 111
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 112
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 113
Fifteenth AmendmentChapter I of Part VI (the Supreme Court, Articles 94 to 113) was substituted as a whole.
Section 31 substituted Articles 94 to 113 together.
Article 116
Fifteenth AmendmentControl and discipline of subordinate judicial officers vests in the President and is exercised in consultation with the Supreme Court.
Section 32. The High Court Division declared it void in part on 2 September 2025; that judgment was stayed on 9 June 2026 pending appeal, as reported.
Article 117
Fifteenth AmendmentSubstituted sub-clause (c) of clause (1).
Section 33.
Article 117A
Fifteenth AmendmentPart VIA, Article 117A, on a single national party.
Section 34 omitted Part VIA.
Article 118
Fifteenth AmendmentFixed the Election Commission at a Chief Election Commissioner and not more than four Election Commissioners, and adjusted the reference to the Supreme Court in the removal proviso.
Section 35.
Article 122
Fifteenth AmendmentSubstituted sub-clauses (c) and (d) of clause (2), including disqualification of persons convicted under the Bangladesh Collaborators (Special Tribunals) Order 1972.
Section 36.
Article 123
Fifteenth AmendmentClause (3): a general election is held within the ninety days before an expiring Parliament is dissolved, or within ninety days after any other dissolution.
Section 37.
Article 125
Fifteenth AmendmentAdded clause (c), requiring notice to the Election Commission before a court makes orders about an election once its schedule is announced.
Section 38.
Article 129
Fifteenth AmendmentAdjusted the reference to the Supreme Court in clause (2).
Section 39.
Article 139
Fifteenth AmendmentAdjusted the reference to the Supreme Court in clause (2).
Section 40.
Article 141A
Fifteenth AmendmentLimited a Proclamation of Emergency to one hundred and twenty days and revised the lapse rules when Parliament is dissolved.
Section 41.
Article 142
Fifteenth AmendmentArticle 142 without clauses (1A) to (1C), removing the referendum for Bills amending the Preamble or Article 8, 48, 56 or 142.
Section 42, per bdlaws. The removal of the referendum was declared void by the High Court Division on 17 December 2024; appeals dismissed on 9 July 2026, as reported.
Article 145A
Fifteenth AmendmentSubstituted Article 145A on international treaties.
Section 43.
Article 147
Fifteenth AmendmentSubstituted sub-clauses (b) and (d) of clause (4), removing the references to the caretaker offices.
Section 44.
Article 150
Fifteenth AmendmentSubstituted Article 150, adding clause (2) and linking it to the new Fifth, Sixth and Seventh Schedules.
Section 45.
Article 152
Fifteenth AmendmentOmitted two definitions, substituted the definition of the Appellate Division and inserted definitions of the Chief Justice and of court.
Section 46.
First Schedule
Fifteenth AmendmentInserted the Bangladesh Collaborators (Special Tribunals) Order 1972 in the First Schedule.
Section 47, per bdlaws.
Third Schedule
Fifteenth AmendmentMade the Speaker administer the President's oath, omitted forms 1A and 2A, and substituted the oath of the Chief Justice and judges.
Section 48.
Fourth Schedule
Fifteenth AmendmentSubstituted paragraph 12 and omitted paragraphs 3A, 6A, 6B and 18 to 23 of the transitional provisions.
Section 49.
Fifth Schedule
Fifteenth AmendmentAdded the Fifth Schedule: the speech of 7 March 1971.
Section 50.
Sixth Schedule
Fifteenth AmendmentAdded the Sixth Schedule: the telegram of the Declaration of Independence of 26 March 1971.
Section 50.
Seventh Schedule
Fifteenth AmendmentAdded the Seventh Schedule: the Proclamation of Independence of 10 April 1971.
Section 50.
What happened next
What happened to the Fifteenth Amendment next
On 17 December 2024 a High Court Division bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury, hearing writs by Badiul Alam Majumdar and four others and by Md Mofazzal Hossain, declared sections 20 and 21 void as destroying the basic structure. It also voided the removal of the referendum requirement, restoring Article 142 as it stood after the Twelfth Amendment, and declared Articles 7A, 7B and 44(2) void. The remaining provisions were left to Parliament. On 9 July 2026 the Appellate Division dismissed three appeals, as reported.
Separately, on 2 September 2025 the High Court Division declared the amended Article 116 void in part; that judgment was stayed on 9 June 2026 pending appeal. bdlaws still prints the 2011 text.
Timeline
- Appellate Division declares the Thirteenth Amendment prospectively void
- Bill passed by the Ninth Parliament
- Act published in the Gazette, as reported
- High Court Division declares parts of the Act void
- High Court Division declares Article 116 void in part
- Appellate Division revives the caretaker chapter on review
- Appellate Division stays the Article 116 judgment pending appeal
- Appellate Division dismisses the appeals against the 2024 judgment, as reported
Landmark cases
How the courts have read the Fifteenth Amendment
High Court Division · 2024
Fifteenth Amendment case (writ petitions of Badiul Alam Majumdar and others, and Md Mofazzal Hossain)
On 17 December 2024 Justice Farah Mahbub and Justice Debashish Roy Chowdhury declared void sections 20 and 21 (caretaker abolition), the provision removing the referendum requirement from Article 142, and Articles 7A, 7B and 44(2), leaving the remaining issues to Parliament.
Appellate Division · 2026
Appeals against the Fifteenth Amendment judgment
On 9 July 2026 a four-member bench led by Chief Justice Zubayer Rahman Chowdhury dismissed the three appeals, so the High Court Division's judgment stands, as reported. The full judgment had not been published by late July 2026.
High Court Division · 2025
Writ on Article 116 (control of subordinate courts)
On 2 September 2025 Justices Ahmed Sohel and Debasish Roy Chowdhury declared Article 116, as substituted by section 32, void in part and restored the 1972 text. The Appellate Division stayed the judgment on 9 June 2026; reports do not say whether the stay covers the Article 116 ruling.
Appellate Division · 2025
Dr Badiul Alam Mojumder and others v Abdul Mannan Khan and others (Civil Appeal Nos. 112 and 113 of 2025)
On 20 November 2025 a unanimous seven-member bench led by Chief Justice Syed Refaat Ahmed set aside the 2011 judgment and revived Chapter IIA, to operate only prospectively, from the 14th parliamentary election.
Questions
Fifteenth Amendment: frequently asked questions
What did the Fifteenth Amendment do?
It revised more than fifty provisions. It restored the four fundamental principles of 1972, recognised the Father of the Nation, abolished the caretaker government, removed the referendum requirement from Article 142, added Articles 7A and 7B, raised the reserved seats for women to 50 and added the Fifth to Seventh Schedules.
Which parts of the Fifteenth Amendment were declared void?
The High Court Division voided sections 20 and 21, which abolished the caretaker system, the change removing the referendum from Article 142, and Articles 7A, 7B and 44(2). It left the other changes to Parliament. The Appellate Division dismissed the appeals on 9 July 2026, as reported.
Is the whole Fifteenth Amendment struck down?
No. The courts declared only some provisions void. Changes such as the fundamental principles, the 50 reserved seats and the new Schedules remain in the text, although Parliament may amend them. The official bdlaws text has not yet been updated for the judgments.
Sources
- Laws of Bangladesh: The Constitution of the People's Republic of Bangladesh (section footnotes on Act XIV of 2011)
- Laws of Bangladesh: Constitution, Article 142 (substituted by section 42)
- Laws of Bangladesh: Schedules to the Constitution (PDF)
- Prothom Alo English: Caretaker govt reinstated as some provisions scrapped (17 December 2024)
- Prothom Alo English: SC verdict upholds reinstatement of caretaker govt and referendum provisions (9 July 2026)
- Dhaka Tribune: SC clears way for caretaker government provisions (9 July 2026)
- The Daily Star: Understanding the 15th Amendment case (29 July 2026)
- The Business Standard: HC scraps parts of Article 116 (2 September 2025)
- Dhaka Tribune: Appellate Division stays HC verdict on SC secretariat (9 June 2026)
- Banglapedia: Constitutional Amendments
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
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