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Published : 20 Nov 2025, 10:20 AM
Bangladesh’s top court has overturned the Awami League era verdict nullifying the 13th Amendment to the Constitution, reinstating the impartial caretaker government system for general elections.
Though the decision automatically restores the caretaker government system to the Constitution, the upcoming 13th parliamentary elections will be held under the interim government led by Chief Advisor Muhammad Yunus. The caretaker government system will thus return from the 14th parliamentary polls.
A full seven-member Appellate Division bench led by Chief Justice Syed Refaat Ahmed made the decision on Thursday.
The six other justices on the bench are Md Ashfaqul Islam, Zubayer Rahman Chowdhury, Md Rezaul Haque, SM Emdadul Hoque, AKM Asaduzzaman, and Farah Mahbub.
The non-partisan caretaker government system was introduced by a BNP government in 1996 through the 13th Amendment to the Constitution.
In 2011, under the Awami League regime, the Appellate Division of the Supreme Court ruled that the 13th Amendment was nullified, abolishing the caretaker government system.
The Awami League government was ousted by a student-led mass uprising on Aug 5, 2024. An interim government led by Chief Advisor Muhammad Yunus then took power on Aug 8 that year. Under the interim government, several petitions were filed to review the 2011 verdict and overturn the prior decision.
The Appellate Division then decided to hear a fresh appeal of the decision.
On Thursday, the Appellate Division granted the appeal and review and delivered a unanimous verdict.
In its verdict, the Supreme Court said that the prior decision given by the Appellate Division 14 years ago was clearly "defective, with multiple errors." The verdict was completely quashed.
The Appellate Division said that the provisions of Part IV, Chapter 2(a) of the Constitution relating to non-partisan government, which were inserted in Section 3 of the 13th Amendment Act to the Constitution, have been revived and reactivated through this judgment.
However, the Supreme Court has ruled that the provisions relating to caretaker government will be effective only on a prospective basis.
A total of four review petitions -- filed by a political party and six individuals -- seek to challenge the Supreme Court verdict that abolished the caretaker government system.
Lawyer Sharif Bhuiyan represented the writ petitioner in the case. Advocate Zainul Abedin and Barrister Ruhul Quddus Kazal joined the petition on behalf of the BNP while Mohammad Shishir Manir joined the petition on behalf of Jamaat-e-Islami.
In addition, Barrister Ehsan Abdullah Siddique, Barrister Badruddoza Badal, Advocate Mohsin Rashid, and Barrister Shahriar Kabir heard the case as intervenors.
Attorney General Md Asaduzzaman, and Additional Attorney General Barrister Aneek R Haque heard the case on behalf of the state.
In his immediate reaction after the judgment, Senior Supreme Court Advocate Zainul said: “As a result of this judgment, the caretaker system has been reinstated. People will now be able to vote freely.”
Zainul added: “The verdict is prospective. We had requested that the appeal and review be made prospective, and for that we provided the legal interpretation.
“Accordingly, the court said it had considered all our arguments. It also said that Articles 581 and 582 of the caretaker government system have been reinstated. This means the caretaker system has returned.”
Asked whether the BNP was pleased with the ruling, he replied: “Of course. We believe it is more than that and it feels like Eid. Because not only the BNP, but the entire nation is happy.”
He added: “The country’s highest court has heard these cases for eight to 10 days, giving its full attention. Even the chief justice of Nepal came and listened. We believe this judgment is a milestone for the country, and the judiciary was able to act independently today because Sheikh Hasina fled.”
Another BNP lawyer Ruhul Quddus said: “The court has said the effect will be prospective. We had argued that the current interim government has already announced the next parliamentary election by February 2026 and is proceeding accordingly.
“The verdict makes clear that this upcoming election will not be held under the restored non-partisan caretaker system that has returned to the Constitution from today; it will apply from the next election.”
He continued: “The Appellate Division has today revived, with immediate effect, the neutral caretaker system that former chief justice ABM Khairul Haque had struck down through his judgment. Its operative effect begins only after the election scheduled for February 2026.”
Jamaat-e-Islami lawyer Shishir said: “The verdict states the earlier judgment was tainted and an error apparent on the face of the record. Therefore, the ruling that had declared the 13th Amendment unconstitutional and abolished the caretaker government has been annulled in its entirety.
“On this basis, the 13th Amendment -- the caretaker government system -- has been revived and restored. It will take effect subject to the enforcement of Articles 58B and 58C. This means a caretaker government must be formed within 15 days of the dissolution of parliament. As there is no parliament nnow, that provision is not currently operative.”
Asked whether the pending rule on the 15th Amendment, which also concerns the caretaker issue, could create a conflict, he said: “That matter still persists. The 15th Amendment abolished the caretaker system. The High Court Division annulled that amendment in part, specifically the provisions relating to the caretaker government.
“Appeals and counter-appeals have been filed and are pending. We need to wait for that decision; otherwise nothing will be fully settled and the debate will continue. It would have been better had it been disposed of entirely, and we hope it will be resolved soon.”
Asked whether today’s ruling causes any issue, he replied: “No. Today’s judgment merely reviewed and overturned the earlier judgment that abolished the caretaker system. That means the caretaker system has been restored.
“But in the 15th Amendment case, the caretaker issue is only one among 29 issues. The High Court Division ruled on four and left the rest to parliament. Appeals and counter-appeals have been filed. All 29 issues will be decided in that case.”
On what form the caretaker system will take, he said: “Under the current framework, the last retired chief justice would head the caretaker government. But this is not currently effective. You know that the July Charter being sent for a referendum includes four options. If these are accepted and later adopted by the Constitutional Reform Commission, the caretaker format could change fundamentally.”
He added that this depends on whether the July Charter is accepted in the referendum and then adopted by the Reform Commission: “If adopted, the present format will merely be the fourth option, not the first.”
Badiul Alam Majumdar’s lawyer Sharif Bhuiyan said, “What is notable is that justice Khairul Haque claimed to act in the name of democracy and judicial independence. In reality, his judgment destroyed democracy and judicial independence in Bangladesh.”
A LONG LEGAL JOURNEY
In 1996, under pressure from an opposition movement led by the Awami League, the then-BNP government passed the 13th Amendment in parliament, introducing the provision for a caretaker government.
During the Awami League government's term, three lawyers, including M Salim Ullah, filed a writ petition in the High Court in 1998, challenging the legality of that amendment.
Later, during the BNP government's term, that petition was dismissed on Aug 4, 2004, thus keeping the caretaker government system in place.
In 2005, the writ petitioners filed an appeal against the High Court's ruling.
Following the declaration of a state of emergency amidst a political crisis in 2006, the weaknesses of the system were brought into question after the appointed caretaker government remained in power for two years.
When the Awami League returned to power, the Appellate Division began hearing the 13th Amendment case on Mar 1, 2010.
In addition to the appeal petitioners and the state, eight top lawyers presented their arguments as amicus curiae.
They argued in favour of retaining the caretaker government system. Even then-attorney general Mahbubey Alam supported its retention.
Granting that appeal, the seven-member full Appellate Bench delivered a verdict on May 10, 2011, declaring the 13th Amendment of the Constitution void by a majority opinion. ABM Khairul Haque was the chief justice at the time.
Before the full verdict was published, the 15th Amendment to the Constitution, which included 55 amendments -- including the abolition of the caretaker government system -- was okayed by parliament on Jun 30, 2011. The president approved it on Jul 3 of the same year.
Following the political changeover, multiple review petitions were filed against the ruling that nullified the 13th Amendment.
On Aug 27 last year, a review petition was filed by Badiul Alam Majumdar, secretary of civil society platform Shushashoner Jonno Nagorik (SHUJAN), or Citizens for Good Governance, and four other civil society figures. On Oct 16 of the same year, another petition was filed by BNP Secretary General Mirza Fakhrul Islam Alamgir.
Subsequently, Jamaat-e-Islami Secretary General Mia Golam Porwar also filed a review petition on Oct 23. Additionally, freedom fighter and Naogaon resident Md Mofazzal Hossain also filed a similar application.
After hearing these four review petitions simultaneously, the Appellate Division decided to hold a fresh appeal hearing.
On Dec 17, a High Court bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury ruled that Sections 20 and 21 of the 15th Amendment Act -- related to the dissolution of the caretaker government system -- were contradictory to the Constitution and declared them void, paving the way for the return of the system for elections.
