Intrigue in intent and manipulative mind is not compatible with development of democratic process in anywhere in the world. Those who genuinely believe in the participation of people in all national affairs and want people to decide their fate and denting can only promote democracy. Concept of caretaker government in itself result of long draws tragic history of democracy in Bangladesh where politician including army generals in their political adventure systematically manipulated election results in their own favor ignoring people’s will[1].
But in all critical national decision making people of Bangladesh never failed to decide for the best option they were made to believe and mot of the time betrayed by people they put trust on. At last the people of this country express their desire in favor of free, fair and impartial election, Keeping this in view, ultimately the constitution Thirteen Amendment act was passed or 26 march 1996 in pursuance of the demand of the opposition parties during the regime of theBangladesh Nationalist party which provides for the establishment of Non-Party Caretakergovernment often the dissolution of the parliament.
But in all critical national decision making people of Bangladesh never failed to decide for the best option they were made to believe and mot of the time betrayed by people they put trust on. At last the people of this country express their desire in favor of free, fair and impartial election, Keeping this in view, ultimately the constitution Thirteen Amendment act was passed or 26 march 1996 in pursuance of the demand of the opposition parties during the regime of theBangladesh Nationalist party which provides for the establishment of Non-Party Caretakergovernment often the dissolution of the parliament.
2. History of Caretaker Government :
It is to be stressed here that the constitution of Bangladesh is amended in 1996 for the first time in the history of the world provides for details and comprehensive provisions for the institution, composition and powers of the non-party caretaker government. What we can trace in the United Kingdom in 1945 and India in 1979 is the existence of caretaker government, which was essentially a party caretaker government instead of a Non-party caretakergovernment[2]. Although the 1973 constitution of the Islamic Republic of Pakistan speaks of the appointment of a caretaker cabinet by the president in his discretion upon the dissolution of the National Assembly, it is silent as to whether politicians can be appointed as the members of the caretaker cabinet and whether they can take part in the general election.
The ministry formed by sir Winston Churchill after the second world war in the afternoon of 24 May, 1945, One and a half months before the General election on 5 July 1945, has been described by sir Ivor Jennings as the caretaker government. [3]Liberal and Labor MPs where afraid that Churchill, who had replaced Neville chamberlain as the prime minister of the National Government and made a significant contribution in the victory of Allied forces, would capitalize upon his reputation as the war winner to have a take election, and to allay their fears, he spoke of a period of two or three months after the end of the war in Europe, in the course of which suitable preparations could be made. This would allow time for the liberl and Labor parties to withdraw from the Government and for a caretaker votives, who had been since 1935 the largest party in the chamber.
After resignation of the labor ministers in may 1945 in pursuance of the decision of the annual conference of the labor party at Blackpoll, Churchill tendered his resignation on the morning of 24 May 1945 as prime minister and First Lord of the Treasury and minister of Defense. The same afternoon the king was graciously pleased to accept his resignation and invited him to form a new administration. Churchill formed 16member caretaker government consisting of conservatives, National Liberals and a few non-party members. Sir Ivor Jennings in his explanation of this government Said it is not British practice to appoint Caretaker Government for the duration of a general election. It was done in 1945 because the wartime coalition had broken up. The electors had to decide whether they wanted a conservative Government or a labor government. and meanwhile the king’s service had to be carried on. This was quite exceptional. The Government which advises the dissolution remains in offices throughout the election and continues to do so after the election, useless it is defeated. It should be mentioned here that the conservative party led by churchill met a humiliating defeat in the general election and the labour party, which did not join the caretaker government, won a landslide victory under the leadership of Clement Richard Atlee.[4]
[1] Hasina, Sheikh (1997), The Concept of Caretaker Government, in People and Democracy. PP 35, 36
[2] Halim, Md. Abdul, Constitution, Constitutional Law and Politics: Bangladesh Perspective, 3rd edition, P434.
[3] Cabinet Government, 3rd ed, P. 86
[4]Halim, Md. Abdul, Constitution, Constitutional Law and Politics: Bangladesh Perspective, 3rdedition, P434