Bangladesh Supreme Court Reinstates Nonpartisan Caretaker System, Excludes Upcoming Elections

Bangladesh Supreme Court restores nonpartisan caretaker system but not for next elections
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DHAKA – In a significant judicial decision, Bangladesh’s Supreme Court has reinstated the nonpartisan caretaker government system designed to oversee national elections. However, this reinstatement will not influence the upcoming elections scheduled for early next year.

The caretaker government framework was originally established in 1996, earning widespread acceptance among the Bangladeshi population and international observers for promoting fair parliamentary elections in the nation of 170 million. In its initial applications, retired chief justices led nonpartisan governments that conducted elections within 90 days and handed over power to the victors. The 2008 election featured a caretaker government led by a former central bank governor.

However, political tensions led to the dissolution of this system in 2011, following the Supreme Court’s advice, under Prime Minister Sheikh Hasina. Critics accused Hasina of abolishing the system to manipulate future elections. Her government organized the national elections in 2014, 2018, and 2024, which were deemed lacking in credibility. The Bangladesh Nationalist Party, led by ex-Prime Minister Khaleda Zia and a key opponent of Hasina, boycotted the 2014 and 2024 elections, demanding a return to the caretaker model, which Hasina dismissed.

On Thursday, the Supreme Court’s seven-member bench delivered a unanimous verdict on two appeals and four petitions seeking a review of its 2011 decision.

The court announced that the caretaker system would be reinstated for the 14th national election since Bangladesh gained independence from Pakistan in 1971. Nonetheless, this system will not apply to the imminent 13th post-independence election, which will be managed by a transitional government led by Nobel Peace Prize winner Muhammad Yunus.

Attorney General Mohammed Asaduzzaman expressed satisfaction after the announcement.

“The caretaker government system has been declared supportive of Bangladesh’s democracy, and this may be elaborated in the full judgment of the court,” he told reporters after Thursday’s decision. “We believe Bangladesh has now begun its journey on a truly democratic highway.”

Zia’s party welcomed the decision on Thursday.

“The verdict of restoring the caretaker government system will mark the beginning of a new horizon,” said Amir Khasru Mahmud Chowdhury, a key figure in Zia’s party.

Yunus became the nation’s interim leader three days after Hasina was ousted on Aug. 5, 2024 in a mass uprising that ended her 15-year rule. She remains in exile in India and was sentenced to death Monday after being convicted of crimes against humanity.

Analysts say Bangladesh could need to navigate a difficult situation ahead of the elections as the country is at a crossroads under the Yunus-led government.

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