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.
