How the caretaker govt debate found its way back to Supreme Court
The NPCG system was initially introduced in 1996 through the 13th constitutional amendment by the then BNP government, primarily in response to demonstrations led by the then-opposition and now-banned Awami League
The Supreme Court's verdict today (20 November), restoring the Non-Partisan Caretaker Government (NPCG) system, is the culmination of protracted 28-year legal battles that saw the election-time provision abolished, only to be resurrected after last year's political upheaval.
The NPCG system was initially introduced in 1996 through the thirteenth amendment to the Constitution by the then BNP government, primarily in response to demonstrations led by the then-opposition and now-banned Awami League.
However, the constitutional provision faced an immediate legal challenge.
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In 1998, three lawyers, including M Salimullah, petitioned the High Court against the amendment. Although the court dismissed the petition in 2004, the petitioners pressed on, taking their appeal to the Supreme Court in 2005.
Abolition and constitutional vacuum
The appeal gained urgency following the 2006–2008 political crisis, which raised questions about the weaknesses and neutrality of the caretaker government system in practice. When the Awami League returned to power, the Appellate Division began hearing the appeal in March 2010.
Despite eight senior lawyers appearing as amici curiae to argue for the system's retention, the Appellate Division, by majority, declared the thirteenth amendment void on 10 May 2011.
Before the full written verdict was even released, the government moved swiftly: Parliament passed the fifteenth amendment on 30 June 2011, abolishing the NPCG system altogether. This amendment received presidential assent on 3 July 2011, cementing the system's removal from the Constitution.
Former chief justice ABM Khairul Haque later released the full judgment that found the system unconstitutional.
Call for review
The political landscape shifted following the Mass Uprising in July-August last year, which ushered in the current interim government. In the wake of this change, a concerted legal effort was launched to reconsider the 2011 abolition, with several review petitions being filed with the Appellate Division:
- Prominent citizens: On 27 August 2024, prominent citizens, including Badiul Alam Majumder, Tofail Ahmed, M Hafizuddin Khan, Jobairul Haque Bhuiyan, and Zahra Rahman, filed a review petition.
- Political leaders: This was followed by petitions from BNP Secretary General Mirza Fakhrul Islam Alamgir on 16 October 2024, and Jamaat-e-Islami Secretary General Mia Golam Porwar on 23 October 2024. A separate application was also submitted by a freedom fighter, Mofazzal Hossain.
The Appellate Division agreed to hear these pleas, ultimately deciding to rehear the original appeal against the High Court verdict. After the final hearing concluded on 11 November this year, the Appellate Bench, led by Chief Justice Dr Syed Refaat Ahmed, set today (20 November) for the verdict, which restored the long-disputed system.
