[🇧🇩] Caretaker Government System

[Saif]

Date of Event: Jul 4, 2025

Source : https://en.prothomalo.com/bangladesh/politics/6bmugdn8tp

Several proposals on appointment of caretaker government's chief adviser
Riadul Karim Dhaka
Updated: 03 Jul 2025, 20: 34​

The political parties have reached a consensus on reinstating a non-partisan caretaker government system during the national election.

However, they have yet to agree on who will serve as the chief adviser of this government or how the chief adviser will be appointed.

Several proposals on this matter emerged during discussions between the political parties and the National Consensus Commission.

Further discussions will take place on these proposals.

The constitution once had provisions for an election-time caretaker government, introduced through the 13th Amendment.

Later, the caretaker system was abolished through the 15th Amendment through a court order during the Awami League government.

In December of last year, the High Court declared two sections of the 15th Amendment Act, which abolished the caretaker government system, to be in conflict with the constitution and therefore void.

The BNP, Jamaat-e-Islami, five eminent citizens, and an individual have filed separate review petitions seeking reconsideration of the Appellate Division’s verdict that had upheld the abolition of the caretaker system. These petitions are awaiting hearings.

Meanwhile, both the Constitution Reform Commission and the Election System Reform Commission have recommended reintroducing the interim or caretaker government system into the constitution.

In the first round of discussions with the National Consensus Commission, all parties agreed that there should be a caretaker government. However, except for one or two, most parties did not present a detailed framework of the caretaker government to the commission.

Stakeholders have noted that it is essential to determine who will be the chief adviser and how they will be appointed. The chief adviser will nominate other members of the advisory council.

The Constitution Reform Commission had proposed that the interim government would remain in place from the end of the legislative term or dissolution of parliament until the swearing-in of the next elected government, with a maximum tenure of 90 days.

The advisory council would consist of the chief adviser and up to 15 members. The chief adviser would be appointed by a National Constitutional Council (NCC) comprising representatives from the executive, judiciary, and legislature.

However, the proposal to form the NCC was dropped following the second round of discussions of the Consensus Commission with the political parties.

Instead, a proposal was made to form a committee for appointments to constitutional and statutory bodies. As a result, the framework for the caretaker government proposed by the Constitution Reform Commission was no longer on the discussion table.

In yesterday’s discussions with the political parties, the framework that had been incorporated into the constitution through the 13th Amendment was presented. However, this was not in the proposal of the commission.

Additionally, one proposal that emerged during the first round of discussions and another from civil society were discussed. Some other issues also came up during the discussions.

What was in the constitution
The 13th Amendment had introduced the caretaker government provision in Article 58(C) of the constitution. It stipulated that the caretaker government would be headed by a chief adviser, with a maximum of 10 advisers. The president would appoint the other advisers in consultation with the chief adviser.

The constitution specified that the last retired chief justice would take the charge of the chief adviser. If that was not possible, the most recently retired chief justice prior to that would be appointed. If no retired chief justice was available or willing, the most recently retired Appellate Division judge would be appointed. Failing that, the judge retired just prior would be chosen.

If no retired Appellate Division judge was available either, the President would appoint a qualified citizen after consulting major political parties. If that too was not possible, the President would assume the responsibility of chief adviser himself as an additional duty.

This provision was presented in yesterday’s discussions of the Consensus Commission with the political parties. However, it appeared during the discussions that the parties have differing views about restoring the provision exactly as it was.

The BNP, NCP, and several other parties support keeping the judiciary out of the process. On the other hand, Jamaat-e-Islami and most other parties oppose the idea of the president assuming the role of chief adviser at any stage.

However, the BNP considers that as a last resort, the president could be considered, especially since there is broad agreement that future presidential elections will be held by secret ballot.

Recommendations of the Election Reform Commission
The Election System Reform Commission recommended a 20-member caretaker government. They suggested that if the recommendation of the Constitutional Council is not accepted, a high-level committee should be formed comprising representatives of political parties, experts, civil society, and other key stakeholders to develop a framework for the caretaker government. So far, this proposal has scarcely been discussed.

NCP's proposal
On 25 May, the National Citizen Party (NCP) presented a framework for an election-time caretaker government to the Consensus Commission.

According to their proposal, at least three weeks before dissolving the lower house of parliament, an 11-member all-party committee would be formed.

The number of members from each parliamentary party in this committee would be determined proportionately to their share of votes. Any party must have secured at least 5 per cent of the votes to be included in this committee.

Any member of either chamber of parliament (upper or lower house) would be eligible to be on this committee. The ruling party, the main opposition, and other opposition parties would each propose three non-partisan candidates for the position of chief adviser, making a total of nine nominees. The names proposed by each party would have to be made public.

These proposed names would be sent to the all-party parliamentary committee to finalise one name. The committee would confirm the chief adviser by an 8-3 vote.

If the committee fails to agree on a suitable candidate from the proposed names, the upper house would select the chief adviser through ‘ranked choice voting’.

In the second round of discussions with the Consensus Commission, this NCP proposal was formally presented. Some parties have expressed moderate support for this proposal. For example, in yesterday’s discussion, Bangladesh JASAD’s Mushtaq Hossain said that NCP’s proposal could be a reasonable basis for agreement.

Other ideas discussed
Several other proposals also came up in yesterday’s discussions with the Consensus Commission. Some suggested reviving a provision that previously existed in the constitution, where the President, after consulting major political parties, would appoint a qualified citizen as the chief adviser.

Others proposed forming an all-party parliamentary committee chaired by the Speaker of Parliament, which would decide through discussion who should be the chief adviser.

In the first round of discussions with the Consensus Commission, Jamaat-e-Islami had proposed two alternatives, as announced by its Nayeb-e-Ameer Syed Abdullah Mohammad Taher on 18 May. Their first proposal was that the last retired chief justice would serve as the chief adviser.

The second was to form a search committee—comprising the prime minister, leader of the opposition, and chief justice—to nominate the chief adviser. However, in the second round of discussions, Jamaat-e-Islami has not yet formally presented these proposals.

Additionally, a citizen platform called ‘Citizen Coalition’ also provided a framework for a caretaker government to the Consensus Commission, which was presented in yesterday’s discussions.

Their proposal suggested forming an 11-member all-party parliamentary committee two months before dissolving parliament, with 6 members from the ruling party and 5 from the opposition. Both the government and the opposition would nominate 3 candidates each.

At least 8 members of the committee would need to agree to appoint the chief adviser. If the committee fails to reach consensus, the upper house would elect one candidate from the 6 nominees through 'ranked choice voting'.

The Consensus Commission will hold further discussions with political parties on the caretaker government next week. After yesterday’s discussions, the commission’s vice chairman Professor Ali Riaz told reporters that all political parties share a common view on restoring the caretaker government system.

He said discussions focused on the process for appointing the chief adviser, and that the political parties have come closer on this issue.​

 

[Saif]

HC publishes full verdict restoring caretaker govt

The High Court on Tuesday released the full text of a landmark verdict that restored the non-party caretaker government system for overseeing the national elections...

www.newagebd.net

HC publishes full verdict restoring caretaker govt
M Moneruzzaman 09 July, 2025, 00:33

New Age file photo

The High Court on Tuesday released the full text of a landmark verdict that restored the non-party caretaker government system for overseeing the national elections.

The 139-page ruling, delivered on December 17, 2024, by Justices Farah Mahbub, who is now in the Appellate Division, and Debasish Roy Chowdhury, declared several key provisions of the Constitution (Fifteenth Amendment) Act, 2011 as unconstitutional.

The verdict said that it was up to the next Parliament to review and decide on the legality of other parts of the 15th Amendment.

These include changes to the constitution’s preamble and various articles made through additions, deletions, and modifications.

Among the unresolved issues are matters related to nationality, secularism, and the mandatory display of the portrait of the country’s founding president, Sheikh Mujibur Rahman, in all government offices and Bangladesh missions abroad.Bangladesh-themed souvenirs

The ruling said that the removal of the caretaker system through Sections 20 and 21 of the 15th Amendment violated the basic structure of the constitution—particularly democracy, electoral fairness, and public trust. It struck down the abolition of article 58A and Chapter IIA, which had mandated a neutral interim government during elections.

However, the restoration of the caretaker system will apply only in future elections, not retroactively.

The 15th Amendment, passed in 2011 by the Awami League-led Parliament, abolished the caretaker provision, claiming it was outdated and had been misused.

But critics, especially the Bangladesh Nationalist Party and other opposition groups, saw its removal as a way to rig elections and keep the ruling party in power.

The verdict is seen as a major win for those who have long demanded a return to neutral election-time governance.

Attorney general Md Asaduzzaman interpreted the ruling as a green light to reintroduce a restructured and possibly renamed caretaker government system.

However, the final shape of such a system may depend on the Appellate Division’s ruling on a still-pending review of the 2011 verdict that had struck down the original 13th Amendment, which had introduced the caretaker system in the first place.

The High Court’s judgment followed two public interest writ petitions filed in 2024, 13 years after the amendment was passed, following the August 5, 2024 student-led uprising that toppled the Sheikh Hasina regime.Bangladesh-themed souvenirs

The petitioners, including civil society figures like Badiul Alam Majumder, argued that the 15th Amendment undermined democratic accountability and judicial oversight. They were supported by the BNP, Jamaat-e-Islami, Gonoforum, and other opposition political parties.

The court also struck down several other parts of the amended articles 7A and 7B, which tried to shield certain constitutional changes from future amendment. They were found to violate the people’s right to constitutional change.

Article 42, which removed the referendum process for major constitutional changes, was invalidated.

The original referendum provision is now restored.

Article 18, which weakened the High Court’s authority to ensure fundamental rights, was also declared unconstitutional.

The verdict reaffirmed the basic structure doctrine, emphasising that core democratic principles like fair elections and constitutional supremacy cannot be altered even by parliament.​

 

[Saif]

Caretaker govt talks deferred; commission yet to reach a decision

Despite being the central issue in Thursday’s second-round talks of the National Consensus Commission, discussions on the caretaker government system ended without any decision. The commission has decided to suspend deliberations on the matter, political leaders present at the meeting said.

thefinancialexpress.com.bd

Caretaker govt talks deferred; commission yet to reach a decision

UNB
Published :
Jul 10, 2025 19:48
Updated :
Jul 10, 2025 19:48

Despite being the central issue in Thursday’s second-round talks of the National Consensus Commission, discussions on the caretaker government system ended without any decision.

The commission has decided to suspend deliberations on the matter, political leaders present at the meeting said.

During the mid-day lunch break of the dialogue, they said, political parties conveyed that the structural framework of the caretaker government depends on the decisions regarding both the upper and lower houses of parliament. As such, a resolution on the upper house must be reached first.

Zonayed Saki, chief coordinator of Ganosamhati Andolan, said, “Our past experience of aligning the judiciary with the head of the caretaker government was not pleasant. Similarly, appointing the President as the Chief Adviser in the absence of alternatives did not yield positive outcomes.”

Since the caretaker government is inherently a political decision, most political parties have proposed that the responsibility of forming such a government remain with the parliament.

In this regard, Saki said, a proposal has emerged to form a seven-member committee consisting of members from both the upper and lower houses.

This committee would elect a Chief Adviser ahead of the national elections either through consensus or by a ranking-based voting mechanism. “But as no final decision has been taken regarding the upper house, it is still not possible to determine the structural framework for selecting a caretaker government,” Saki added.

Ruhin Hossain Prince, General Secretary of the Communist Party of Bangladesh (CPB), said that based on past experiences, both the name and powers of the caretaker government should be revised. “If such a government is required before every election, questions arise about what reforms have truly been achieved in the country.”

He proposed that, for now, the caretaker government should be renamed as a “Non-partisan Neutral Election Oversight Government.”

According to Prince, “This government’s sole responsibility should be to conduct the national election. It should not make any decisions beyond the polls, nor should it oversee local government elections.”

Alongside discussions on the caretaker government, the commission also consulted political parties on the appointment process for the Chief Justice.

The majority of political parties proposed that instead of appointing the most senior judge of the Appellate Division as Chief Justice by default, one should be selected from among the top two based on merit.

Highlighting controversies surrounding past judicial appointments, AB Party Secretary General Asaduzzaman Fuad said, “Many judges in the judiciary were appointed during the Awami League government. Several of them were selected not on merit but for political considerations. If the most senior among them is made Chief Justice, the transparency of the judiciary will be compromised.”

Fuad stressed the need for a comprehensive overhaul of the entire judicial appointment system.​

 

[Saif]

Caretaker Issue: Bangladesh’s political parties urged to respond by Monday

Most political parties on Sunday expressed support for the latest revised proposal on the caretaker government issue, particularly the appointment of its head (chief adviser) but the National Consensus Commission asked them to send written opinions by Monday to reach a final decision. The Consensu

thefinancialexpress.com.bd

Caretaker Issue: Bangladesh’s political parties urged to respond by Monday

UNB
Published :
Jul 20, 2025 22:57
Updated :
Jul 20, 2025 22:57

Most political parties on Sunday expressed support for the latest revised proposal on the caretaker government issue, particularly the appointment of its head (chief adviser) but the National Consensus Commission asked them to send written opinions by Monday to reach a final decision.

The Consensus Commission on Sunday morning placed a revised proposal over the caretaker government issue synthesising proposals submitted earlier by BNP, Bangladesh Jamaat-e-Islami, National Citizen Party (NCP), and Revolutionary Workers Party of Bangladesh.

In the middle of the day’s discussion at the Foreign Service Academy in the capital, the Commission presented yet another written proposal on the caretaker issue following different questions made by the representatives from the political parties.

According to the latest proposal, a five-member selection committee comprising the Prime Minister, the Leader of Opposition, the Speaker, the Deputy Speaker (from Opposition) and a representative nominated the third largest party in the Parliament to pick the chief adviser of the caretaker government.

“The (latest revised) proposal details the procedure for appointing the chief adviser. The parties have agreed on most of the issues in this (latest) proposal,” said Vice Chair of the Commission Prof Ali Riaz at a press briefing in the afternoon after the 15th day of the second-round reform dialogue.

Considering the importance of this issue, the written proposal has been given to the representatives of the political parties, he said.

“They (political parties) will discuss the draft proposal in party forums and give us their opinion tomorrow. So, we hope that we will be able to come to a point of agreement on this issue the day after tomorrow,” said Prof Riaz.

The political parties reached a consensus over the restoration of the caretaker government system earlier, different issues of the system, particularly selection of the chief adviser, were discussed on Sunday.

“Now, we have requested that the parties discuss details of the written version and submit their opinion for minor changes in writing tomorrow so that we can get this matter settled the day after tomorrow,” said the vice chair.

Apart from the caretaker issue, the commission also raised the topic of forming an Upper House in the proposed bicameral parliamentary system.

Turning to another the formation of the Upper House discussed earlier, Prof Riaz said the issue was discussed for several days. “There’s no disagreement over establishing the Upper House. But there are two views on how it should be formed,” he said.

Noting that parties finally entrusted the commission with the responsibility to make a decision, he said the commission has already held internal discussions and meetings on this. “Within a couple of days, we expect to come up with a decision from our side regarding the Upper House so that we can move closer to consensus with everyone,” said the vice chair.

BNP Standing Committee member Salahuddin Ahmed at a press briefing also expressed optimism to reach a logical position over the caretaker government issue.

“We believe that all would assess it considering Bangladesh’s political context and international democratic practices. We’re optimistic that we’ll reach a logical position,” he said.

He said although the caretaker system is still pending review in the Appellate Division. “We hope the system will be reinstated through the court verdict,” he said, adding that if the court does not reinstate it, the Parliament has the authority to do so by enacting a new law.

The BNP leader said there was near-consensus among political parties to keep the judiciary above controversy. “From that position, the commission has drafted a proposal for further discussion. We have been asked to respond by Tuesday discussing in the party forums,” he said.

Regarding the appointment of the chief adviser, Salahuddin said a five-member committee has been proposed, comprising the Prime Minister, Leader of the Opposition, a representative from the third largest party, and two additional members.

This committee may invite name proposals from different parties or the people. Then, the names will be shortlisted, and if necessary, the selection can proceed through a ranked-choice voting method, he explained.

The BNP leader said the caretaker system would have a 90-day election period, with a provision to extend it by another 30 days in case of acts of God (emergencies).

He said whether one person should simultaneously hold the posts of Prime Minister, Leader of the House, and party chief was also discussed on Sunday.

He said the party chiefs should not be disqualified from becoming Prime Minister as it goes against democratic norms and practices.

“The option should be opened for the party chief to become the prime minister. Because, it is his or her democratic rights,” he said.

Bangladesh Jamaat-e-Islami Nayeb-e-Ameer Syed Abdullah Muhammad Taher told reporters in the afternoon that the formation of the caretaker government should be formed based on the consensus, not majority within the selection committee for the chief of the election-time government.

“But whatever the number, it must be based on unanimity. Decisions must not be taken by majority vote, sidelining others,” he said.

The Jamaat leader said the decision based on the ranked choice voting system will open the way for negative politics, which would lead to evil-bargaining and horse-trading practice as seen in the past.

“If the committee fails to reach a political consensus, the retired chief justice could be the head of the caretaker government,” said Taher.​