Law and Court
Attorney General Md. Asaduzzaman has described the Supreme Court’s landmark verdict reinstating the non-party caretaker government system as the beginning of a “journey on democratic highway” for Bangladesh.
Speaking to journalists at the Supreme Court premises following the ruling, the AG said the decision ensures that the citizens of Bangladesh will be able to cast their votes freely in future elections. “From now on, people will cast their votes. There will be no more incidents of ballot stuffing before elections, and no deceased person will appear at polling centres to vote. We believe the nation is now moving toward a genuine democratic highway,” he stated.
During the hearings on the caretaker government, Asaduzzaman submitted that former Chief Justice ABM Khairul Haque and his colleagues had committed offences under Section 219 of the Penal Code in their earlier judgment that abolished the caretaker system. “The court has now corrected that error,” he added, emphasizing that the verdict reflects the aspirations of the people for free, fair, and transparent elections.
Earlier on the same day, the Appellate Division of the Supreme Court reinstated the caretaker government system, allowing several civil appeals related to the matter. The restored provision will apply to future elections.
The case traces its roots to August 27, 2025, when the Appellate Division granted leave to appeal against its previous 2011 judgment that scrapped the non-party caretaker government system. The caretaker system was initially introduced in 1996 through the 13th Amendment to the Constitution.
The Supreme Court passed the order after reviewing multiple petitions seeking the reinstatement of the 13th Amendment and the revival of the caretaker government system. A total of four review petitions were consolidated for the hearing, including those 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.
The verdict follows the High Court’s December 17, 2024, ruling which declared the abolition of the caretaker government system unconstitutional.
The decision is expected to have significant implications for Bangladesh’s electoral process, providing a framework for non-partisan administration during upcoming elections and reinforcing the legal and constitutional mechanisms for ensuring free and fair voting.