Caretaker government system revived: Supreme Court annuls 2011 ruling

The Supreme Court has annulled its 2011 verdict that scrapped the caretaker government system, effectively restoring the non-partisan interim administration provision introduced through the 13th constitutional amendment.

The Appellate Division, in a unanimous decision, allowed appeals and review petitions against the 2011 ruling and declared it null and void today Thursday.

In the verdict, the court observed that the 2011 judgment was "riddled with multiple errors" and has been completely set aside.

The seven-member bench, headed by Chief Justice Syed Refaat Ahmed, stated that the provisions for a neutral caretaker government under Chapter 2(A) of Part IV of the Constitution — incorporated via Section 3 of the 13th Amendment Act — stand revived and activated. However, these provisions will apply prospectively for future elections.

The other members of the bench are Justices Md Ashfaqul Islam, Zubayer Rahman Chowdhury, Md Rezaul Haq, SM Emdadul Haq, AKM Asaduzzaman and Farah Mahbub.

In 1999, Supreme Court lawyer M Salimullah and others filed a writ challenging the validity of the 13th Amendment. On 4 August 2004, a special High Court bench upheld its constitutionality, keeping the caretaker system intact.

The appellants challenged the High Court ruling in 2005. On 10 May 2011, a seven-member Appellate Division bench led by then-Chief Justice ABM Khairul Haq annulled the 13th Amendment by a 4-3 majority verdict.

Following that decision, the then-Awami League government introduced the 15th Amendment in 2011, formally abolishing the caretaker system.

Prior to that, caretaker governments oversaw parliamentary elections in 1996, 2001 and 2008 as per the Constitution. The 1991 polls were held under an interim government formed by consensus among political parties, headed by then-Chief Justice Shahabuddin Ahmed, who resigned as CJ to serve as acting president.