Caretaker system intended to protect electoral integrity, observes SC

The Appellate Division of the Supreme Court has observed that the caretaker government system was intended to protect electoral integrity by ensuring free, fair and impartial general elections in Bangladesh.

 The observation appeared in the 74-page full text of the Appellate Division's judgment, released and uploaded to the Supreme Court's website on March 12, more than four months after the apex court reinstated the caretaker government system by setting aside its earlier verdict that had declared the arrangement unconstitutional.

 The Appellate Division on November 20, 2025 reinstated the caretaker government system after allowing the civil appeals and disposing of the review petitions filed in this regard.

 "By a unanimous decision, the civil appeals are allowed, and civil review petitions are disposed of accordingly. This Court is satisfied that the judgment under review is tainted by several cited errors apparent on the face of the record. It follows that the judgment under review is, hereby, set aside in its entirety," the apex court judgment said.

 However, the court observed that the now restored and revived "Chapter IIA Non-Party Care-taker Government (NPCG) provisions can operate only prospectively".

 The then Attorney General Md Asaduzzaman and Additional Attorney General Barrister Aneek R Haque took part in the hearing for the state, while Senior Advocates Zainul Abedin and Ruhul Quddus Kazal argued on behalf of the BNP.

 Advocate Mohammad Shishir Manir presented arguments on behalf of Bangladesh Jamaat-e-Islami while Advocate Sharif Bhuiyan represented five distinguished citizens. Barrister Ehsan Abdullah Siddiq also participated in the hearing as an intervener.

 On August 27, 2025, the Appellate Division granted leave to appeal against its 2011 judgment that had declared the 13th Amendment, which introduced the caretaker government system, unconstitutional.

 The court passed the order after hearing multiple review petitions seeking reinstatement of the 13th Amendment and revival of the caretaker system.

 A total of four review petitions were filed by BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat Secretary General Mia Golam Parwar, five prominent citizens including SUJAN Secretary Dr Badiul Alam Majumdar, and another individual petitioner. All the petitions were heard together.

Earlier, on December 17, 2024, the High Court declared the abolition of the caretaker government system unconstitutional.