How caretaker government provision being restored to Bangladesh constitution

The latest verdict reinstating the provision has raised questions on its implementation

The Appellate Division of the Supreme Court, led by Chief Justice Syed Refaat Ahmed, has declared the 13th Amendment to the Constitution null and void, restoring the provision for a non-partisan caretaker government to oversee general elections.

Since the ruling was passed on Thursday, questions have been raised about how the system will be implemented.

Legal experts say the verdict automatically reinstates the caretaker government provision in the Constitution, but the approaching parliamentary election will still be held under the incumbent interim government.

The caretaker government system will come into effect from the 14th parliamentary election.

According to the 1996 law, a caretaker government must be formed within 15 days of parliament’s dissolution, and the next national election will be conducted under it.

The head of this caretaker government is to be the most recently retired chief justice.

Lawyer Shishir Manir noted that since the current election is not under a caretaker government and the July Charter is being sent for a referendum, the previous rules may undergo significant changes.

“The July Charter provides four options. If accepted in the referendum and adopted in the next parliament’s constitutional amendment session, the caretaker government’s format could change significantly,” he said.

Attorney General Md Asaduzzaman added that if the system is applied in the next election, the chief justice will become the head of the caretaker government as per the provision.

He said the July Charter proposes a different arrangement, and details will be known once the full judgment is released.

Sharif Bhuiyan, lawyer for Badiul Alam Majumdar, said if the next parliament does not amend the Constitution according to the July Charter, the caretaker government will be formed under the 1996 framework.

“So there are effectively two tracks for reform: through the court and through parliamentary discussion. Both tracks remain active to ensure the best possible outcome,” he added.