[🇧🇩] Reinstatement of the Caretaker Government

[Saif]

Date of Event: Jul 3, 2025

Source: https://en.prothomalo.com/bangladesh/politics/wfuevx96hg

All parties support caretaker government reinstatement: Ali Riaz

BSS Dhaka
Published: 02 Jul 2025, 21: 24

National Consensus Commission Vice-Chairman Professor Ali Riaz on Wednesday said every political party in Bangladesh shares a unified stance on restoring the caretaker government system.

“All political parties in Bangladesh hold unanimous view on reinstatement of the caretaker government and there is a specific consensus on this issue,” he said.

Ali Riaz made the statement in a press briefing held at the Doel Hall of the Foreign Service Academy in the capital, marking the conclusion of the eighth day of the second phase of talks between political parties and the National Consensus Commission.

Mentioning that a concrete consensus has been reached on reinstating the caretaker government system, he said discussions during today’s meeting also covered up its formation, structure, and scope of authority.

The political parties have reached significantly closer through open and constructive dialogue, he added.

In addition to the caretaker government issue, he said, the agenda included discussions on the demarcation of the constituencies and substantial consensus was also achieved on this matter.

Ali Riaz further mentioned that there is agreement on implementing both immediate and long-term measures for constituency’s demarcation.

As an immediate step, a specialized committee comprising experts will be formed in coordination with the Election Commission for the upcoming 13th National Parliament elections, he said, adding that if such a committee already exists, necessary adjustments will be made, and constituency boundaries will be finalized in consultation with the restructured body.

Regarding the long-term measures, Ali Riaz said that after every census or not more than 10 years, after the word "and" mentioned at the end of clause 1 (Ga) of Article 119 of the constitution, the word "and" will be added to the end of the word "and" to determine the boundaries of the parliamentary constituencies.

The composition and scope of the committee will be determined by adding 8(3) of the relevant National Parliament Demarcation Act 2021, which was amended in 2025.

Commission members Justice Md Emdadul Haque, Safar Raj Hossain, Dr Badiul Alam Majumder and Dr Md Ayub Mia, and Special Assistant to Chief Adviser Monir Haider were present.

Representatives of 30 political parties including Bangladesh Nationalist Party (BNP), Bangladesh Jamaat-e-Islami, National Citizen Party (NCP), Gono Odhikar Parishad, Ganosamhati Andolan, Communist Party of Bangladesh (CPB), Biplobi Workers Party, Amar Bangladesh (AB) Party participated in the discussion.

According to commission sources, the political parties are scheduled to hold another discussion with the commission tomorrow at 10:30am.​

 

[Saif]

Restoration of caretaker govt to put Bangladesh back on highway of democracy: AG

The restoration of the caretaker government system will put the country back on the “highway of democracy”, attorney general Md Asaduzzaman has remarked. He said the elections held after the abolition of the caretaker system had “dug the grave of democracy”. He made the comments in response to...

en.prothomalo.com

Restoration of caretaker govt to put Bangladesh back on highway of democracy: AG
Staff Correspondent Dhaka
Updated: 20 Nov 2025, 14: 21

Attorney general Md Asaduzzaman addresses a press conference at his Supreme Court office on 20 November 2025 Prothom Alo

The restoration of the caretaker government system will put the country back on the “highway of democracy”, attorney general Md Asaduzzaman has remarked.

He said the elections held after the abolition of the caretaker system had “dug the grave of democracy”.

He made the comments in response to a question during a press briefing at his Supreme Court office at around 11:30 am Thursday, following the verdict delivered by the Appellate Division.

The briefing had been convened to explain the judgment regarding the 13th Amendment case.

The Appellate Division today struck down in full the verdict delivered 14 years ago that had invalidated the 13th Amendment of the, which inserted the caretaker government system into the Constitution.

Allowing the appeal filed against that earlier judgment, and disposing of the relevant review petitions, the apex court ruled that all provisions concerning the non-partisan caretaker government have been revived and reactivated.

According to the judgment, the reinstated provisions will be implemented strictly on the basis of future applicability.

Asked whether the judiciary in Bangladesh delivers politically biased judgments, the attorney general replied that he does not believe so.

Which verdict is politically motivated, and which verdict protects the interests of the people through legal reasoning, upholding democracy, safeguarding voting rights, defending the rule of law, and restoring constitutional institutions, is for the nation to judge, he said.

Asaduzzaman stated that today’s judgment has reintroduced the previous caretaker government system. This system, he said, will take effect within 15 days of the dissolution of the next parliament.

The attorney general added that the caretaker system had originally been introduced in the Constitution in 1996 through the 13th Amendment. The Supreme Court has now declared it constitutional, ruling that it is not inconsistent with the Constitution.

He believes the full judgment will make clear that the caretaker system serves as a supportive mechanism for the preservation of democracy in Bangladesh.

Asked whether changes could be made to the outline of the caretaker system set out in the July Charter, the attorney general responded, “Parliament will have discussions. If, 20 years from now, the people feel that this system has decayed or become unfit, and that a better system is required to protect democracy, then of course parliament will have that discussion.”

Explaining why he had previously described the earlier judgment of the same Appellate Division as “tainted” and “flawed”, Asaduzzaman said the very reason it had been struck down was because it was indeed flawed and tainted. Among several reasons, one was that the then chief justice ABM Khairul Haque and his colleagues had, in writing that judgment, committed an offence under Section 219 of the Penal Code, he claimed.

In the interests of democracy, the attorney general said he does not believe any further commentary will arise on this verdict in the future.​

 

[Saif]

Major parties welcome SC verdict

Major political parties on Thursday welcomed the verdict of the Appellate Division of the Supreme Court that reinstated the non-party caretaker government system for the Jatiya Sangsad elections.

www.newagebd.net

Major parties welcome SC verdict
Staff Correspondent 20 November, 2025, 23:22

Major political parties on Thursday welcomed the verdict of the Appellate Division of the Supreme Court that reinstated the non-party caretaker government system for the Jatiya Sangsad elections.

The Apex Court on the day delivered the verdict, overturning its 2011 judgement that had abolished the caretaker government system.

The upcoming general election, expected to be held in February next year, however, will be held under the interim government and the caretaker system will take effect afterward, the attorney general and lawyers involved in the case said.

Bangladesh Nationalist Party standing committee member Amir Khasru Mahmud Chowdhury, welcoming the verdict, said that the people of the country experienced misrule, oppression and a reign of persecution under an unelected government in the absence of the caretaker government system.

‘With the verdict, we hope that the next caretaker government will consolidate and make upcoming elections acceptable, and will help institutionalise democracy in the country,’ he said.

Although this verdict cannot be implemented during the next Jatiya Sangsad polls, he said, ‘The verdict is nevertheless a signal that future elections will be fair and acceptable, and that the people of Bangladesh will be able to exercise their right to vote.’

The Bangladesh Jamaat-e-Islami also welcomed the verdict and said that there was no alternative to the caretaker government system for holding free and impartial elections.

Jamaat’s assistant secretary general Ahsanul Mahboob Zubair alleged that the ousted prime minister Sheikh Hasina pushed the country into a dark era by abolishing the caretaker government system in 2011.Political biography book

‘With today’s verdict, the nation has once again been freed from that darkness,’ he said.

He expressed hope that the verdict would bring new stability to the country’s political, economic, and democratic systems and help Bangladesh move toward development and progress.

Explaining the verdict, law adviser Asif Nazrul, in a press conference at the Foreign Service Academy in Dhaka, said that although the court revived the caretaker government provision, the upcoming 13th JS elections would be held under the interim government.

‘As per the constitution, such a caretaker government must be formed within 15 days before or after the dissolution of parliament. Therefore, it can only be constituted after the next parliament completes its term,’ he said.

Welcoming the verdict, National Citizens Party member secretary Akhter Hossen said, ‘The nation has been freed from disgrace. The caretaker government system seems the most acceptable form of interim administration to date.’

Revolutionary Workers Party of Bangladesh general secretary Saiful Huq said that the current political crisis began as the electoral system was made partisan.

‘Had the past elections been held under a caretaker government, there would not have been so much bloodshed or the need for mass uprising. Our party welcomes the verdict,’ he said.

Saiful also recommended that the next parliament must ensure that the future caretaker governments remain accountable.

Communist Party of Bangladesh general secretary Abdullah Al Kafi Ratan said, ‘It would have been better if the caretaker government system had been reinstated ahead of the next general election.’

Islami Andolan Bangladesh on Thursday described the verdict as a ‘milestone against constitutional anarchy’.

In a statement sent to the media, the party’s secretary general Yousuf Ahmad said that the institutional process for the peaceful transfer of power in the country has regained its legal status through the verdict.

In a joint statement, Khelafat Majlis amir Abdul Basit Azad and secretary general Ahmad Abdul Kader, said that the one-party fascist rule of the Awami League was prolonged in the country as a consequence of the abolition of the caretaker government system from the constitution.

‘There is no alternative to a non-partisan and neutral caretaker government system to prevent violence during the transition of power. This system will ensure fair elections,’ they said.​

 

[Saif]

Caretaker govt system returns, but will it bring democracy?

In a democratic order, a caretaker government is hardly an ideal mechanism for conducting elections. Such an arrangement would not have been needed had those in power properly fulfilled their entrusted responsibilities and abandoned the tendency to secure victory by any means. There are...

en.prothomalo.com

Caretaker govt system returns, but will it bring democracy?
Sohrab Hassan
Published: 22 Nov 2025, 08: 15

In a democratic order, a caretaker government is hardly an ideal mechanism for conducting elections. Such an arrangement would not have been needed had those in power properly fulfilled their entrusted responsibilities and abandoned the tendency to secure victory by any means.

There are virtually no examples of robust, sustainable democracies in countries where caretaker governments exist. Even so, the system is the lesser of two evils for Bangladesh. Yet history shows that this system has also destroyed political parties, who once boasted that it was the fruit of their own movements.

On Thursday (20 November), the Appellate Division of the Supreme Court reinstated the non-partisan caretaker government system. However, it will not take effect immediately. The public will have to wait at least five years. The election scheduled for February 2026 will be held under the interim government. Only after the newly formed parliament is dissolved will the subsequent election be held under a caretaker government.

Article 58B(1) of the 13th Amendment, which related to the non-partisan caretaker government, stated that a non-partisan caretaker government would remain in place from the date the Chief Adviser assumed office, after parliament was dissolved or upon expiry of its term, until the newly appointed Prime Minister assumed office following the formation of parliament.

Article 58C(2), regarding the formation of the caretaker government and the appointment of its advisers, stipulated that the Chief Adviser and the other advisers must be appointed within 15 days of the dissolution or expiry of parliament.

But there is no such scope now. Following the mass uprising of 2024, an interim government, led by Professor Muhammad Yunus, was formed on the advice of the Supreme Court. The head of government has already announced that the 13th parliamentary election will be held in the first half of February.

Attorney General Md Asaduzzaman has described the abolition of the caretaker system as the burial of democracy, and its reinstatement as the beginning of a walk along democracy’s highway. While I agree with his statement, I must add that even if we have stepped onto this highway, whether we reach our destination will depend entirely on the democratic mindset of our politicians.

We have had about four reasonably good elections under caretaker or interim governments. Yet those who lost those elections never accepted the results. No opposition party remained in parliament for a full term. Nor have ruling parties ever taken the opposition’s views into account in lawmaking; instead, they have acted in an authoritarian manner.

In future, if the caretaker government is restored, it will remain in office only for three months. An elected government, however, will operate for five years. If that government does not govern democratically, the caretaker administration will be powerless. It cannot be expected to clear away the debris of five years within just three months.

The caretaker system has a long history, so does its abolition. During the anti-Ershad movement, the first caretaker government, then called the ‘interim’ government, was formed under justice Shahabuddin Ahmed, based on the outline agreed upon by the three major alliances. The BNP came to power through the election conducted by that government. Later, during the BNP's tenure, the Awami League, Jatiya Party, Jamaat-e-Islami and left-leaning groups all launched movements again demanding a caretaker system. It was finally established constitutionally through the 13th Amendment.

In Bangladesh, no government with a two-thirds majority has ever exited gracefully. After independence, the Awami League won 293 seats in the first election; within three years it introduced BAKSAL. Ziaur Rahman’s parliament also held a two-thirds majority, and the Sattar government that followed his death was ousted by a military coup. In the 1988 election, Hussain Muhammad Ershad’s regime secured a two-thirds majority but could not remain in power for more than two years; the mass uprising of 1990 forced him out.

Only two parliaments in Bangladesh have been balanced: those of 1991 and 1996. The BNP formed the government after the first, and the Awami League after the second. Analysts widely regard these two parliaments as comparatively effective, where the opposition could play a limited, yet meaningful, role.

The fall of the Awami League in the 2024 uprising began with the abolition of the caretaker system in 2011. A parliament without an opposition cannot deliver democracy. The then Prime Minister Sheikh Hasina abolished the caretaker system almost single-handedly, using a High Court verdict as a shield, although Justice Khairul Haque’s summary verdict had stated that two elections could still be held under the caretaker system. That provision was removed in the full verdict, and even before that the Jatiya Sangsad (national parliament) had already passed a law abolishing the 13th Amendment.

The reinstatement of the caretaker system has been welcomed by the Bangladesh Nationalist Party (BNP), Jamaat-e-Islami, Khelafat Majlis and several other parties. The BNP has said that this will prevent the return of fascist rule. The National Citizen Party has described the verdict as “epoch-making.”

This verdict, however, raises a new question: will the future caretaker system follow the model of the 13th Amendment, or that outlined in the July Charter?

Even leaders of the Bangladesh Awami League (whose activities have been banned), now fugitives, have demanded from undisclosed locations that the next election be held under a caretaker government. This is the irony of history. Had Awami League leaders remembered this while in power, the political trajectory might have been very different.

Under the four elections held during caretaker or interim governments, the BNP and Awami League both came to power in turns, sometimes alone, sometimes in alliance, but neither was banished from politics.

By abolishing the caretaker system in 2011, holding the uncontested election of 2014, the night-time election of 2018, and the ‘dummy’ election of 2024, the Awami League has ultimately engineered its own downfall.

* Sohrab Hasan is a poet and journalist​

 

[Saif]

Discussion needed on formation of the caretaker government

The caretaker government system was incorporated into our constitution in 1996 through the 13th amendment. It was the result of a political movement. Compared to other countries at the time, the caretaker system during elections was a major innovation, as no other country had a similar system in...

en.prothomalo.com

Discussion needed on formation of the caretaker government

Former professor of Dhaka University's law department Ridwanul Hoque

Ridwanul Hoque is a former professor of the Law Department at Dhaka University. He studied and conducted research at Cambridge University and the University of London. His books and edited works on the constitutions, constitutional law, and judicial activism of Bangladesh and South Asian countries have been published by renowned international publishers. Prothom Alo spoke with him about the recent court ruling on the caretaker government system, the accountability of interim governments, and the question of referendums. Monzurul Islam took the interview.

Prothom Alo: Recently, the Appellate Division delivered a ruling that reinstated the widely discussed caretaker government system. You have written several research-based articles on the process of abolishing the caretaker government system. How do you interpret the fact that the caretaker system was annulled in court and then restored?

Ridwanul Hoque: The caretaker government system was incorporated into our constitution in 1996 through the 13th amendment. It was the result of a political movement. Compared to other countries at the time, the caretaker system during elections was a major innovation, as no other country had a similar system in its constitution.

The first election under the caretaker government in 1996 was conducted successfully. Awami League came to power in that election. The 2001 election was also held under the caretaker system, and the BNP came to power. The next scheduled election in 2006 was delayed and eventually held in December 2008. In total, three consecutive elections were conducted under the caretaker system, and they were largely free, fair, and accepted both domestically and internationally.

After the Awami League-led Grand Alliance came to power in 2009, constitutional amendment efforts began in 2010. On 10 May, 2011, the Supreme Court Appellate Division, through a brief order, declared the 13th Amendment (caretaker government) unconstitutional. The Grand Alliance then passed the 15th Amendment citing this ruling. The primary objective of the 15th Amendment was to abolish the caretaker government system. Subsequently, three elections were held under party-led governments in 2014, 2018, and 2024, all of which were controversial and marred by allegations of fraud.

Following the 2024 mass uprising, the situation changed. A review petition was filed with the Appellate Division regarding the caretaker system. The court accepted the review petition, nullifying its previous ruling, and thus the caretaker government system was revived.

Two points are notable here. First, the court has said that the caretaker system will be automatically included in the constitution and does not require a new amendment. However, I believe that this issue should be discussed in the upcoming parliament. The current context is very different from 1996. To ensure free and fair elections under this new context, the caretaker system needs to be made more effective. Lawmakers are expected to address this in parliament.

Second, the court’s recent decision will not take immediate effect. It will operate prospectively or come into effect at a future date. The court has said that the next parliamentary election will be conducted under an interim government, while subsequent elections will be under the caretaker system. The court’s decision reflects consideration of the present situation, avoiding complications that could arise if the system were implemented immediately.

Prothom Alo: Some have commented that with the restoration of the caretaker system, the country will move toward democratic stability. In the past, there were allegations that extending judges’ tenure allowed manipulation of the caretaker system. Can we say with certainty that democracy will be restored and elections will be free and fair just because the caretaker system is back?

Ridwanul Hoque: I had criticised the Appellate Division’s previous ruling that declared the caretaker system unconstitutional and undemocratic. Democracy should be understood in the context of a country’s overall situation. The caretaker system was included in the constitution based on consensus among political parties, and elections held under it were free and fair. Therefore, it is reasonable to assume that it will support democracy. However, excessive optimism is unwarranted. The caretaker system is supportive of democracy in Bangladesh’s context, but its effectiveness depends on how it is implemented.

Some flaws are already visible. The major defect is the provision of appointing the last Chief Justice as the head of the caretaker government. This created political crises in the past, including the emergence of a military-backed caretaker government that stayed in power for two years instead of three months. From past experience, this provision risks politicising the judiciary. Judges must be kept as far as possible from political controversies, as involvement negatively impacts judicial independence. I personally do not support including judges in such a government. Therefore, the structure of the caretaker system needs to be discussed in parliament and by civil society forums.

Prothom Alo: A caretaker or interim government is unelected. There are questions about the scope of authority and accountability of such governments. What is your opinion?

Ridwanul Hoque: All governments, elected or unelected, must have accountability mechanisms. The interim government led by Chief Adviser Professor Muhammad Yunus, although unelected, must be accountable to political parties, the media, and civil society. However, no significant steps have been taken so far, and no accountability mechanism has been established. The government is repeatedly failing this test.
For example, the interim government was formed almost exactly following the caretaker model. Ideally, it should be neutral, and no member should contest in the upcoming election. However, there is ongoing debate about a few advisers participating in the next election, which compromises neutrality. Before the election schedule is announced, reports suggest they may resign, but they are still enjoying perks and influencing voters, which creates a conflict of interest and is ethically questionable.

Prothom Alo: According to the interim government’s decision, the parliamentary election and a referendum will be held on the same day, with four questions in the referendum. Voters will answer each question with ‘Yes’ or ‘No.’ How do you view this?

Ridwanul Hoque: Having only one answer for one of four questions is highly unusual. Since the referendum will be held on election day, public interest is already low. If there is confusion about the questions, it will create uncertainty. Therefore, the questions should be consolidated into one. If the questions are unclear or the message is not properly conveyed, the purpose of the referendum may fail.

Prothom Alo: Thank you.

Ridwanul Hoque: Thank you.​

 

[Saif]

Caretaker govt system and judicial independence 'irreversible': Asif Nazrul

Urged all stakeholders to safeguard reforms achieved by interim govt

www.thedailystar.net

Caretaker govt system and judicial independence 'irreversible': Asif Nazrul
Urged all stakeholders to safeguard reforms achieved by interim govt

File Photo

Law, Justice and Parliamentary Affairs Adviser Prof Asif Nazrul today expressed confidence that the caretaker government system and the independence of the judiciary will remain intact regardless of who forms the next government after the interim administration.

Speaking at an event marking Human Rights Day 2025 at InterContinental Dhaka on Wednesday, Nazrul said these two reforms are "protected and irreversible."

He explained that the caretaker government system is safeguarded by a Supreme Court verdict, while the Supreme Court Secretariat Ordinance is upheld by the court itself. "These two factors are the basic guarantees for advancing human rights," he noted.

Nazrul also cited the Police Commission Ordinance as an example, saying that while a fully empowered commission could not be formed, it would still function independently and exert positive pressure on the government.

He urged all stakeholders to safeguard the reforms achieved so far, stressing that Bangladesh can move forward if everyone works together.

Housing and Industries Adviser Adilur Rahman Khan and Environment, Forest and Climate Change Adviser Syeda Rizwana Hasan also addressed the event.​