Bangladesh Supreme Court Reinstates Caretaker Gov System 

Darwin, 20 November –

Bangladesh’s Appellate Division has overturned its 2011 judgment that had nullified the 13th Amendment—which introduced the non-partisan caretaker government system for overseeing national elections. The court ruled that the caretaker system will not apply to the upcoming parliamentary election, but will come into effect from the subsequent one.

A seven-member bench led by Chief Justice delivered the unanimous verdict on Thursday, granting the appeals and review petitions filed against the 2011 judgment.

The bench comprised Chief Justice, Justice Md Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md Rezaul Haque, Justice S M Imdadul Hoque, Justice A K M Asaduzzaman, and Justice Farah Mahbub.

Earlier on 11 November, after completing hearings, the court set 20 November as the date for the verdict.

Who Represented Whom

For the petitioners: Barrister Sharif Bhuiyan

For BNP: Senior lawyers Zainul Abedin and Ruhul Quddus Kajal

For Jamaat-e-Islami: Barrister Mohammad Shishir Monir

For the State: Attorney General A.M. Amin Uddin and Additional Attorney General Anik R. Haque

Interveners: Lawyers Ehsan Abdullah Siddiqi, Badruddoza Badal, Mohsin Rashid, and Shahriar Kabir

Background of the 13th Amendment

The caretaker government provision was introduced on 28 March 1996 through the 13th Amendment, adding Articles 58A, 58B, 58C, 58D, and 58E to the Constitution.

In 1999, several lawyers—including M. Salimullah—challenged the amendment’s validity. The High Court upheld the amendment in 2004, but the Appellate Division struck it down on 10 May 2011 by majority opinion under then–Chief Justice A.B.M. Khairul Haque.

Before the full verdict was even published, the Awami League government abolished the caretaker system through the 15th Amendment on 30 June 2011.

Why the Review Became Relevant

According to legal experts, the caretaker system was eliminated in two ways:

By the 2011 Supreme Court verdict

By the 15th Constitutional Amendment

Therefore, the 15th Amendment became a critical issue during the new review hearings.

Lawyer Sharif Bhuiyan remarked, “Through hearing and resolving the appeal regarding the 15th Amendment, the caretaker system can be properly reinstated.”

Recent Review Petitions

After the July military takeover last year that removed the Sheikh Hasina government, five individuals—including SUJAN Secretary Dr. Badiul Alam Majumdar—filed review petitions.
Later, BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat-e-Islami Secretary General Mia Golam Porwar, and freedom fighter Md Mofazzal Hossain filed separate reviews.

Additionally, appeals against the High Court verdict concerning the 15th Amendment—related to the abolition of the caretaker government and referendum provisions—were granted leave by the Appellate Division on 13 November.