Is the caretaker government system restoring?

Since the interim government under Prof Muhammad Yunus came to power, initiatives have been taken to bring back the much-talked about caretaker government system. A review petition of the Supreme Court judgment quashing the caretaker government has already been fully prepared. It is said that this petition will be submitted to the court during the ongoing vacation of the Supreme Court.

Sharif Bhuiyan, lawyer of the reviewers, told View Bangladesh that, the Thirteenth Amendment of the constitution was adopted in the National Parliament in 1996 by including the caretaker government system in the constitution. On May 10, 2011, the Appellate Division of the Supreme Court declared the Thirteenth Amendment invalid. However, the court opined that the next 10th and 11th elections can be held under the caretaker government. In this case, the court also said that any decision can be taken on the basis of consensus in the election of the chief advisor of the caretaker government. A full bench of the Appellate Division headed by the then Chief Justice ABM Khairul Haque gave the verdict. However, the full verdict ruled out the idea that the next 10th and 11th elections could be held under a caretaker government and completely abolished the caretaker government system. So we are filing a review petition against that judgment. There is no alternative to neutralizing the electoral system of the country. We have highlighted this issue in the application.

Declaring the Thirteenth Amendment of the constitution to be invalid on May 10, 2011, which introduced the caretaker government system, the court said in its judgment that the application was accepted based on the opinion of the majority of the Appellate Division. Through this, the constitution (Thirteenth Amendment) Act, 1996 has been declared invalid and unconstitutional since this order. However, even if it is not legal (legal due to necessity and people's security is the highest law, state security is the highest law - based on the ancient principles) the cancellation of the next tenth and eleventh parliamentary elections can be under the Thirteenth Amendment. During this period, the parliament will have full freedom to cancel the provision of appointing one of the former chief justices of Bangladesh or the judges of the Appellate Division as the head of the non-partisan caretaker government. At the same time, the leave to appeal made in this regard in 2005 was also dismissed, the court said.

In 1996, the Thirteenth Amendment to the constitution was adopted by the National Parliament to include caretaker government in the constitution. Three lawyers including Advocate M Salim Ullah filed a writ in the High Court challenging the validity of this amendment. On August 4 of that year, the High Court Division dismissed the writ and declared the caretaker government system valid.

Then in 2005 Advocate Salim Ullah appealed against this verdict. After a long break, the hearing began on March 1. The court appointed eight amicus curiae (friend of the court) in the case and heard their views. Five of them voted directly in favor of caretaker government. They are Dr. Kamal Hossain, Late TH Khan, Former Attorney General Mahmudul Islam, Barrister M Amir-ul Islam and Barrister Roknuddin Mahmud. Another amicus curiae barrister Ajmalul Hossain QC gave his opinion in favor of abolishing the caretaker government system. Late barrister Rafiq-ul-Haq and Dr. M Zaheer advocated radical reform of the caretaker government system and presented their proposals to the court. Apart from this, the then Attorney General late Mahbube Alam favored keeping the caretaker government.

Meanwhile, Attorney General Md. Asaduzzaman told View Bangladesh regarding the preparation of the review application to bring back the caretaker government system that "Whether it is through a review application in the Appellate Division or by amending the constitution, it can happen either way." Dr. Shahdeen Malik has also been given the responsibility. They can also decide to bring back the caretaker government system.

In this regard Dr. Shahdeen Malik said, "There is a difference of opinion on whether the current constitution should be amended, or whether the entire constitution should be rewritten." There will be a commission for this. This commission will decide what to do. Here the issue of repealing the Thirteenth Amendment of the Constitution by including caretaker government may also come up. Moreover, if reviewed in the Appellate Division, it can be resolved there as well.

Barrister Badruddoja Badal, former secretary of the Supreme Court Bar Association, said, 'The elections held under the caretaker government were fairly neutral. After its cancellation, the electoral system itself collapsed. Elections are not fair under any political government. Therefore, the review against the judgment of the Appellate Division in this regard is right. The current interim government can do this by amending the constitution.