Bangladesh: In a landmark decision, the Supreme Court has reinstated the non-party caretaker government system, restoring the constitutional mechanism intended to ensure free, fair and credible national elections.
The Appellate Division overturned its own 2011 ruling that had abolished the caretaker government system, which was originally incorporated through the 13th Amendment in 1996 to safeguard democratic elections by placing a neutral administration in charge for a 90-day transition period.
A seven-member bench led by Chief Justice Syed Refaat Ahmed delivered the unanimous judgment this morning, allowing two appeals and four review petitions challenging the 2011 verdict that had rendered the 13th Amendment unconstitutional.
According to the short verdict, the reinstated caretaker system will be applicable for the 14th parliamentary elections. The next election — the 13th — will, however, proceed under the current interim government. The court observed that the 2011 judgment contained “errors apparent on the face of the record,” noting that the detailed reasoning would be available upon release of the full text.
Background of the Legal Battle
Questions over the legality of the caretaker system began in 1998 when SC lawyer M Salimullah (now deceased) and several others filed a writ petition with the High Court challenging the 13th Amendment. In 2004, the High Court upheld the amendment as valid and constitutional, but allowed the petitioners to directly appeal to the Appellate Division.
The appeal was eventually heard by a seven-judge bench headed by then Chief Justice ABM Khairul Haque. On May 10, 2011, the court struck down the 13th Amendment by majority opinion. That judgment paved the way for the 15th Amendment to the constitution, which Parliament passed on June 30, 2011, formally abolishing the caretaker government provision. The change was published in a gazette on July 3, 2011.
Why the Case Returned to the Supreme Court
Following the 2024–2025 student-led uprising that toppled the Sheikh Hasina-led Awami League government on August 5 last year, and the formation of an interim government under Professor Muhammad Yunus on August 8, political and civil society groups revived their demand for the caretaker system.
On August 27 this year, the Supreme Court allowed the BNP and four individuals — including rights activist Dr Badiul Alam Majumdar — to move appeals against the 2011 ruling. They argued that the caretaker system was introduced through national consensus and had become part of the constitution’s basic structure, which cannot be altered by Parliament. They also noted that the 2011 short verdict allowed the 10th and 11th elections to be held under caretaker arrangements, though this directive did not appear in the full judgment, making it inherently contradictory.
Additional review petitions were filed by BNP Secretary General Mirza Fakhrul Islam Alamgir on October 16 last year, by Jamaat-e-Islami Secretary General Miah Golam Parwar on October 23, and by freedom fighter Mofazzal Islam, who filed two petitions citing the flawed elections of 2014, 2018 and 2024 as evidence that polls under political governments had failed to reflect the public will.
Rights organisations — the Centre for Law, Governance and Policy, and the Human Rights Support Society — also joined the legal challenge, reinforcing arguments about the necessity of an impartial election-time administration.
Who Represented Whom
Senior lawyer Sharif Bhuiyan represented the group of five citizens, while Zainul Abedin, Md Badruddoza Badal and Md Ruhul Quddus Kazal appeared for the BNP. Advocate Mohammad Shishir Manir argued for Jamaat-e-Islami. Lawyer Shahriar Kabir represented Mofazzal Islam, and Ehsan A Siddiq and Imran Siddiq appeared on behalf of the rights organisations. Attorney General Md Asaduzzaman and Additional Attorney General Aneek R Haque represented the state.
