SC reinstates caretaker government system

The revived caretaker government provisions, however, can operate in future.
 
“By unanimous decision, the civil appeals are allowed and civil review petitions are disposed of accordingly,” said the short judgment pronounced by the Appellate Division full bench headed by Chief Justice Syed Refaat Ahmed this morning. 
 
The apex court found 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.”
  
“Consequently, the provisions of Chapter IIA of Part IV of the Constitution relating to the Non-Party Care-taker Government (NPCG) as inserted by section 3 of the Constitution (Thirteenth Amendment) Act, 1996 (Act No. 1 of 1996), are found to have hereby been activated and revived upon this Court's ruling as above. 
 
Such revival, though, ensures automatic restoration of Chapter IIA containing NPCG provisions; its operation, however, is subject to the enforcement of the provisions of the revived Articles 58B (1) and 58C (2) of the Constitution. Therefore, the now restored and revived Chapter IIA NPCG provisions can operate only prospectively,” the judgment added. 
 
The apex court, on November 11, had fixed today for pronouncing the judgment after holding hearings on the matter for ten consecutive days. 

Attorney General Md Asaduzzaman, Additional Attorney General Barrister Aneek R Haque took part in the hearing for the state, while Senior Advocates Zainul Abedin and Ruhul Quddus Kazal argued on behalf of the BNP.   

On behalf of Bangladesh Jamaat-e-Islami, Advocate Mohammad Shishir Manir presented arguments, whereas Advocate Sharif Bhuiyan represented five distinguished citizens. Barrister Ehsan Abdullah Siddiq also participated in the hearing 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.

 The court passed the order after hearing multiple review petitions seeking reinstatement of the 13th Amendment and revival of the caretaker system.
 
A total of 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.
  
Earlier, on December 17, 2024, the High Court had declared the abolition of the caretaker government system unconstitutional, reports BSS. 
 
Following that verdict, Attorney General Md Asaduzzaman told reporters that the ruling effectively restored the caretaker provision as part of the Constitution.