Appellate Division Revives Non-Party Caretaker Government System

The Appellate Division, Bangladesh’s highest court, has declared the previous verdict that nullified the election-time non-party caretaker government system illegal, effectively reviving the caretaker government system by validating the 13th Amendment to the Constitution.

The historic ruling stated that the earlier Appellate Division decision was flawed in multiple respects and has been completely annulled. Provisions regarding a non-party government, as outlined in Chapter 4, Section 2(k) of the Constitution and included in Section 3 of the 13th Amendment Act, have been reinstated and restored. The court clarified, however, that these provisions will be enforceable only prospectively, meaning they will apply to future scenarios, not retroactively.

The verdict was announced at 9:40 am on Thursday by the full Appellate Division bench, led by Chief Justice Syed Refat Ahmed. The other six judges on the bench were: Justice Md. Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md. Rezaul Haque, Justice S.M. Imdadul Haque, Justice A.K.M. Asaduzzaman, and Justice Farah Mahbub.

The 13th Amendment, which introduced the caretaker government system for overseeing national elections, had previously been challenged in court. Following the annulment verdict, the appeal hearing was scheduled to reconsider the matter, culminating in Thursday’s landmark decision. Notably, on 27 August, the Appellate Division had granted the appeal for reconsideration of the caretaker government annulment verdict, paving the way for the current ruling.

The ruling has been described as historic for Bangladesh’s electoral and constitutional framework, reinstating a mechanism designed to ensure free and fair elections under a non-partisan administration. Legal analysts have emphasised that the decision may have far-reaching implications for the conduct of future national elections and the role of caretaker governments in maintaining democratic processes.