Caretaker Government System Restored in the Constitution

The Appellate Division has declared the earlier verdict that annulled the much-discussed non-partisan caretaker government system during elections as illegal. At the same time, it has validated the Thirteenth Amendment, thereby reviving the caretaker government system in the Constitution of Bangladesh.

The verdict stated that the previous ruling of the Appellate Division was flawed in multiple aspects and has therefore been completely annulled.

The ruling noted that the provisions regarding a non-partisan government under Chapter 2 (K) of Part Four of the Constitution, which had been incorporated under Section 3 of the Thirteenth Amendment Act, have now been reinstated and revived. However, these provisions will only take effect for future applicability.

At 9:40 am on Thursday, the full seven-judge Appellate Division, led by Chief Justice Syed Refat Ahmed, announced the historic verdict. The other six judges on the bench were Justice Md. Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md. Rezaul Haque, Justice SM Imdadul Haque, Justice AKM Asaduzzaman, and Justice Farah Mahbub.

Earlier, the amendment in the Constitution, through which the caretaker government system was introduced during elections, was challenged. The Appellate Division had scheduled the verdict for Thursday, 20 November, after hearing the appeal against the annulment of the Thirteenth Amendment. It is worth noting that on 27 August, permission for an appeal was granted following a review petition against the verdict that had annulled the caretaker government system.

Khaborwala/TSN