2024-2026 rulings The 2024-2026 judgments that changed the Constitution
The judgments stand as of October 2026. The referendum of 12 February 2026 did not itself amend the Constitution, and the July Charter's constitutional proposals had not been enacted. bdlaws still prints the pre-judgment text.
On 20 October 2024 the Appellate Division disposed of the state's review of the Sixteenth Amendment judgment with observations. The 2017 ruling stands, so the Supreme Judicial Council, not Parliament, inquires into a judge's conduct under Article 96.
On 17 December 2024 the High Court Division declared void the 2011 abolition of the caretaker system, the removal of the referendum from Article 142, and Articles 7A, 7B and 44(2). It left the rest of the Fifteenth Amendment to Parliament.
On 20 November 2025 a unanimous seven-member Appellate Division bench set aside the 2011 Thirteenth Amendment judgment and revived Chapter IIA, prospectively, from the 14th parliamentary election. The full judgment of March 2026 applies the 1996 sequence for appointing the Chief Adviser.
On 12 February 2026, alongside the 13th general election, voters backed the July National Charter package by about 68 per cent, under an Implementation Order gazetted on 13 November 2025. The referendum is not an amendment, and writs against the Order were pending, as reported.
On 9 July 2026 a four-member Appellate Division bench led by Chief Justice Zubayer Rahman Chowdhury dismissed three appeals against the Fifteenth Amendment verdict, so the High Court Division ruling stands, as reported. The full judgment had not been published by late July.
The Charter's constitutional proposals still need an amendment under Article 142. A parliamentary committee formed on 13 July 2026 had met once by mid-September, and no amendment had been enacted by October 2026, as reported.
In plain English
The 2024-2026 judgments that changed the Constitution
Between October 2024 and July 2026 the Supreme Court changed the operative text of the Constitution without any new Amendment Act. The Sixteenth Amendment review left judges' removal with the Supreme Judicial Council. The High Court Division declared key parts of the Fifteenth Amendment void, bringing back the caretaker government and the referendum requirement in Article 142 and striking out Articles 7A, 7B and 44(2). The Appellate Division revived the caretaker chapter on review in November 2025 and dismissed appeals against the Fifteenth Amendment ruling in July 2026.
A referendum on the July National Charter followed in February 2026, but its proposals still need amending legislation.
Background
Parliament was dissolved on 6 August 2024 after the July uprising, and on 8 August 2024 an interim government was sworn in after an advisory opinion of the Appellate Division under Article 106. With no Parliament sitting, citizens and political parties turned to the courts. Pending review petitions on the Sixteenth and Thirteenth Amendment judgments were heard, and new writ petitions challenged the Fifteenth Amendment of 2011.
At the same time reform commissions and the National Consensus Commission prepared the July National Charter, which 24 parties signed on 17 October 2025, as reported.
What changed
What the 2024-2026 rulings changed, article by article
Article 58A
2024-2026 rulingsOmitted by section 20 of the Fifteenth Amendment (2011).
The 1996 Article 58A restored: Chapter II does not apply, except Article 55(4) to (6), while Parliament is dissolved.
Section 20 declared void on 17 December 2024; appeals dismissed on 9 July 2026, as reported. By judgment, not by Act; bdlaws not yet updated.
Article 58B
2024-2026 rulingsChapter IIA omitted by section 21 of the Fifteenth Amendment (2011).
Non-Party Care-taker Government restored, to operate from the dissolution of the Parliament elected in February 2026.
Revived on review on 20 November 2025; section 21 also declared void on 17 December 2024. By judgment, not by Act; bdlaws not yet updated.
Article 58C
2024-2026 rulingsOmitted in 2011.
Composition and appointment of the Chief Adviser and Advisers restored; the March 2026 full judgment applies the 1996 appointment sequence, which Parliament may amend.
By judgment, not by Act; bdlaws not yet updated.
Article 58D
2024-2026 rulingsOmitted in 2011.
Functions of the caretaker government restored: routine functions only, and all possible aid to the Election Commission.
By judgment, not by Act; bdlaws not yet updated.
Article 58E
2024-2026 rulingsOmitted in 2011.
Restored: advice and counter-signature requirements in Articles 48(3), 141A(1) and 141C(1) are ineffective during the caretaker period.
By judgment, not by Act; bdlaws not yet updated.
Article 142
2024-2026 rulingsArticle 142 as substituted in 2011, with no referendum requirement.
Article 142 as it stood after the Twelfth Amendment: a Bill amending the Preamble or Article 8, 48, 56 or 142 must also be approved in a referendum before assent.
17 December 2024; appeals dismissed on 9 July 2026, as reported. By judgment, not by Act; bdlaws not yet updated.
Article 7A
2024-2026 rulingsAbrogation or suspension of the Constitution by unconstitutional means is sedition.
Declared void on 17 December 2024. By judgment, not by Act; bdlaws not yet updated.
Article 7B
2024-2026 rulingsBasic provisions of the Constitution are not amendable.
Declared void on 17 December 2024. By judgment, not by Act; bdlaws not yet updated.
Article 44
2024-2026 rulingsClause (2): Parliament may by law empower another court to exercise High Court Division powers under Article 102.
Clause (2) declared void; clause (1) stands.
17 December 2024. By judgment, not by Act; bdlaws not yet updated.
Article 96
2024-2026 rulingsClauses (2) to (4) as substituted in 2014: removal by Parliament.
The Supreme Judicial Council clauses apply, following the 2016 and 2017 judgments and the review disposed of on 20 October 2024.
bdlaws still prints the 2014 clauses.
What happened next
What happened to the 2024-2026 rulings next
As of October 2026 all four judgments stood, although the full judgment in the 9 July 2026 appeals had not been published by late July, as reported. The High Court Division issued rules on 3 March 2026 on writs challenging the July National Charter Implementation Order and the referendum ordinance, and these were pending. In Parliament, the government formed a twelve-member committee on constitutional amendments on 13 July 2026, which first met on 4 August.
Members of the governing alliance did not take the separate Constitution Reform Council oath provided for by the Order. No amendment had been enacted by October 2026, so the Charter's 48 constitutional proposals remain proposals, as reported.
Timeline
- Twelfth Parliament dissolved
- Interim government sworn in after an Article 106 opinion
- Sixteenth Amendment review disposed of
- High Court Division declares parts of the Fifteenth Amendment void
- Full Sixteenth Amendment review judgment released
- July National Charter signed by 24 parties, as reported
- July National Charter (Constitutional Reform) Implementation Order 2025 gazetted
- Appellate Division revives the caretaker chapter on review
- Referendum on the July National Charter held with the 13th general election
- High Court Division issues rules on writs against the Order and the referendum ordinance
- Full caretaker review judgment published on the Supreme Court website, as reported
- Appellate Division dismisses the Fifteenth Amendment appeals, as reported
- Parliamentary committee on constitutional amendments formed
Landmark cases
How the courts have read the 2024-2026 rulings
Appellate Division · 2024
Review of the Sixteenth Amendment judgment (Government of Bangladesh v Advocate Asaduzzaman Siddiqui)
On 20 October 2024 a six-member bench led by Chief Justice Syed Refaat Ahmed disposed of the review with observations, leaving the 2017 judgment and the Supreme Judicial Council in place. Full judgment released 5 June 2025.
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 · 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.
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.
Questions
2024-2026 rulings: frequently asked questions
Did the courts amend the Constitution between 2024 and 2026?
Not by passing an amendment, which only Parliament can do under Article 142. The courts declared parts of earlier amendments void and revived earlier text, so the operative Constitution now differs from the version printed on bdlaws, which has not been updated.
Did the 2026 referendum change the Constitution?
No. Voters backed the July National Charter on 12 February 2026, by about 68 per cent, but the referendum does not itself amend the Constitution. Its constitutional proposals still need an amending Act, and none had been enacted by October 2026, as reported.
When will the caretaker government next operate?
Under the Appellate Division's judgment of 20 November 2025, the revived caretaker chapter applies prospectively. It can first operate when the Parliament elected in February 2026 is dissolved, ahead of the 14th parliamentary election.
Does the restored referendum apply to every amendment?
No. As restored, Article 142 requires a referendum only for Bills amending the Preamble or Article 8, 48, 56 or 142. Other amendments need a two-thirds majority of all members of Parliament and the President's assent.
Sources
- Dhaka Tribune: Appellate Division disposes of 16th Amendment review (20 October 2024)
- Prothom Alo English: Full review judgment on the 16th Amendment released (5 June 2025)
- Prothom Alo English: Caretaker govt reinstated as some provisions scrapped (17 December 2024)
- Supreme Court of Bangladesh, Appellate Division: Civil Appeal Nos. 112 and 113 of 2025 (judgment of 20 November 2025; full text March 2026)
- The Financial Express: Apex court reinstates caretaker govt system, upholds 13th amendment (20 November 2025)
- Dhaka Tribune: Caretaker government system reinstated (20 November 2025)
- The Business Standard: Caretaker system a temporary safeguard for democracy, observes SC in full verdict (15 March 2026)
- 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)
- ConstitutionNet: Bangladesh's Referendum and Reforms (March 2026)
- Dhaka Tribune: Gazette of referendum results issued (February 2026)
- Prothom Alo English: HC issues rules on writs against the Implementation Order and referendum ordinance (3 March 2026)
- The Daily Star: Constitutional amendments: JS body to hold discussions with political parties (19 September 2026)
- Laws of Bangladesh: Constitution, Article 142
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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