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How Bangladesh's Next Caretaker Governments Will Be Formed - A Comprehensive Overview

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  Published in Politics and Government on Friday, November 21st 2025 at 2:25 GMT by The Daily Star

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How Bangladesh’s Next Caretaker Governments Will Be Formed – A Comprehensive Overview

In Bangladesh, the caretaker government (CG) has long been a cornerstone of the country’s democratic process. Designed to oversee national elections, the CG ensures that the electoral process is conducted fairly, free from political interference. While the caretaker system was abolished in 2011 by the ruling Bangladesh Awami League, it has re‑emerged as a point of contention between the government and opposition parties. The recent Supreme Court ruling in 2023 has revived the debate, raising questions about how future caretaker governments will be constituted. Below is a concise, 500‑word summary of the current legal and political framework that will shape the formation of Bangladesh’s next CG.

1. The Constitutional Backbone

The caretaker system’s origin is embedded in Bangladesh’s 1972 Constitution, where a temporary non‑partisan body could be formed to conduct general elections. The idea was to neutralise any incumbent government’s influence over the electoral process. However, the 16th Amendment—passed in 2011 by the Awami League—removes the constitutional basis for a CG. Consequently, the caretaker system is now dependent on the Electoral (Amendment) Acts and the Election Commission’s guidelines rather than a direct constitutional mandate.

2. Legal Milestones

• 2006–2008 Caretaker Period: The last fully functional CG was led by Justice Habibul Awal. It oversaw the 2008 parliamentary elections, which were hailed for their transparency and low cost.

• 2011 16th Amendment: The amendment eliminated the constitutional requirement for a CG, arguing that a parliamentary system could conduct free and fair elections without an interim administration. Critics argued that this opened the door to the ruling party’s influence over election logistics.

• 2023 Supreme Court Decision: In a landmark judgment, the Supreme Court ruled that the caretaker system is constitutionally protected and that a CG must be established for all elections. This decision has revived calls for a neutral caretaker, especially from the opposition Bangladesh Nationalist Party (BNP) and the Jatiya Party.

3. How a CG Is Formed (According to Current Guidelines)

3.1. Appointment of the Chief Election Commissioner (CEC)

The CEC remains the linchpin of the CG. Traditionally, the CEC is a senior judge or civil servant sworn in by the President after consultation with the opposition parties. In the absence of a CG, the Election Commission, headed by the CEC, oversees the election process.

3.2. Selection of the Head of the Caretaker

The caretaker’s head is usually a retired Chief Justice or a senior judge who has previously served as a constitutional tribunal. According to the Election Commission’s guidelines, the candidate must be politically neutral, free from any active party affiliations, and approved by all major parties.

3.3. Composition of the CG

The caretaker cabinet is expected to consist of:

The government’s role is largely ceremonial, focusing on policy continuity and ensuring that state institutions run smoothly during the election period.

3.4. Timeframe

The caretaker’s mandate is strictly limited to a 90‑day period, starting from the dissolution of the current parliament or a specified “election window.” Within this period, the CG must:

• Finalise election schedules
• Prepare voter lists
• Organise polling stations
• Train poll officials
• Ensure the neutrality of the voting process

4. Political Dynamics and the Road Ahead

4.1. Opposition’s Push for a CG

The BNP and Jatiya Party view the caretaker system as a safeguard against electoral malpractice. They insist that the CG should be formed before the Election Commission, not as a sub‑unit, thereby giving the caretaker full authority over election logistics. Their demands have been amplified by the Supreme Court’s 2023 ruling, which is seen as a judicial endorsement of the caretaker model.

4.2. Ruling Party’s Counter‑Argument

The Awami League argues that a robust Election Commission can conduct free elections without an interim government. They highlight the reforms the Commission has undertaken—e.g., digital voter registration, stricter security protocols—to counter claims of bias.

4.3. International Observers

Organizations such as the United Nations and the European Union have previously praised Bangladesh’s electoral system, noting the CG’s role in fostering transparency. However, they have also called for a clear legal framework to avoid ambiguity.

5. Possible Scenarios for the Next Caretaker

1. Full Restoration of the CG: A neutral, independent caretaker, appointed through a consensus‑building process that includes all major parties, leading the entire election process.
2. Hybrid Model: The Election Commission retains control but is supported by a “mini‑caretaker” cabinet that handles logistics, reducing the risk of political bias.
3. No CG: The Election Commission continues to operate independently, as in the 2014–2021 period, relying on internal reforms and international monitoring to maintain legitimacy.

6. Conclusion

Bangladesh’s next caretaker government will hinge on the interplay between constitutional law, judicial interpretations, and political negotiations. While the Supreme Court’s 2023 ruling has revived the caretaker framework, the actual formation of the CG will likely involve compromises between the ruling party and opposition. Ultimately, a transparent, legally grounded process will be essential to maintaining public confidence in the electoral system.

For more in‑depth coverage on the caretaker system and election reforms, readers can consult the Daily Star’s archives, the Election Commission of Bangladesh’s official guidelines, and recent Supreme Court judgments on electoral law.