Caretaker govt system restored automatically

The Supreme Court has observed that although the non-party caretaker government (NPCG) system has been automatically restored in the constitution, it will not come into effect during the tenure of the current 13th parliament.

According to the full text of the verdict uploaded on the Supreme Court’s website yesterday (15 March), the restored provisions will remain dormant until the constitutional conditions required to activate them arise.

The 74-page verdict was delivered unanimously by a seven-member Appellate Division bench headed by then chief justice Syed Refaat Ahmed after allowing two appeals and four review petitions challenging the 2011 judgment that scrapped the caretaker government system.

The petitions were filed by BNP, Jamaat-e-Islami, rights groups Shushashoner Jonno Nagorik and Human Rights Support Society, and freedom fighter Mofazzal Islam.

The apex court had earlier issued a short order on 20 November last year overturning the 2011 ruling that had declared the 13th constitutional amendment — which introduced the caretaker government system — illegal.

The verdict said the caretaker system cannot operate while a parliament is in place and cannot be applied retrospectively to an interim administration that did not begin under that system.

“The restored provisions shall lie dormant until enabling circumstances… come into play,” the judgment noted.

Legal experts say the provisions will become effective only after the dissolution of the current parliament, which constitutionally triggers the caretaker government mechanism.

Barrister Imran Siddiq said the ruling means no fresh constitutional amendment or legislation is required for the caretaker system to take effect in the future.

However, he added that parliament still retains the authority to amend the structure of the caretaker system without dismantling it.

The caretaker government system was introduced through the 13th amendment in 1996 to oversee general elections for a 90-day period, aiming to ensure free and fair polls.

It was later abolished through the 15th amendment in 2011 following the Supreme Court’s earlier verdict declaring the system unconstitutional.

Legal proceedings challenging the entire 15th amendment are still pending before the Appellate Division.