Dhaka: 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.
According to Bangladesh Sangbad Sangstha, 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, over four months after the apex court reinstated the caretaker government system. This move came after setting aside its earlier verdict that had declared the arrangement unconstitutional.
The Appellate Division, on November 20, 2025, reinstated the caretaker government system. This decision followed the court’s allowance of civil appeals and the disposal of review petitions filed regarding the case. The apex court, in its judgment, stated, “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.”
Despite the reinstatement, the court observed that the restored and revived “Chapter IIA Non-Party Care-taker Government (NPCG) provisions can operate only prospectively”. This indicates a forward-looking application of the caretaker government system.
The hearing saw involvement from various legal representatives: the then Attorney General Md Asaduzzaman and Additional Attorney General Barrister Aneek R Haque for the state, Senior Advocates Zainul Abedin and Ruhul Quddus Kazal for the BNP, Advocate Mohammad Shishir Manir for Bangladesh Jamaat-e-Islami, and Advocate Sharif Bhuiyan representing five distinguished citizens. Barrister Ehsan Abdullah Siddiq also participated 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. This decision followed multiple review petitions seeking reinstatement of the 13th Amendment and revival of the caretaker system.
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 petitions were heard together, leading to the court’s decision.
Earlier, on December 17, 2024, the High Court declared the abolition of the caretaker government system unconstitutional, setting the stage for the Appellate Division’s recent judgment.