Contents
Chapters
History
Military backed Caretaker Government
2008 Election
Reforms
Reactions
Chef Advisers since
Abolishment of GTE
Caretaker
system declared illegal
Caretaker
government may hold next 2 JS polls for 'safety'Keep judges out of caretaker government
BNP takes time; allies worried: Staff Corresponden
Review the verdict on
“Caretaker government’’
Caretaker government of Bangladesh
The
caretaker government of Bangladesh
History
A
caretaker government was first introduced in 1990 when three party alliances
jointly made a demand for it. After the forced resignation of general erased,
the three alliances nominated chief justice shahbuddin ahmed as the chief
adviser a caretaker government is head
by a chief advisers who enjoys the same power as regular prime minister of the
country except defense matters. The Advisors function as Ministers. Since 1996,
the caretaker government has held the election of 1996, 2001 and 2008. Although
the first caretaker government was intended to help the transition from
authoritariannism to democracy, this system was constitutional zed in 1996 by
the Sixth Parliament dominated by Bangladesh Nationalist party yielding to
boycotting opposition pressure.
In Bangladesh
13th
amendment to the constitution passed in the parliament. Besides, an extra-constitutional
military-backed CTG was installed in 2007 which governed Bangladesh
According
to the provision (before abolishment) of CTG in Bangladesh Constitution, there
were 6 options to appoint Chief Advisor (CA). Last option of CA is the
President. CTG had to hold election within 90 days and in 120 days power could
be handed over to elected political party. Day to day affair or routine duty
and holding parliamentary election are mandated responsibility of CTG.
Caretaker
government is very popular in Bangladesh Pakistan and Greece
Military backed caretaker government
and its role
The
military backed caretaker government (CTG) was formed unconstitutionally, CA
was appointed violating constitution, performed all responsibilities of regular
elected government and lasted for 2 years. Army chief used to attend the
advisory council meetings and pressured cabinet to take decision he wanted.
Advisor to the president Mukhlesur Rahman chowdhury was ousted as he was
against army move. Later president Iajuddin ahmed had to run presidency at the
gun point. Lt. gen. Moeen upgraded army chief rank to general and to maintain
balance also other two forces chief accordingly. Mocen also made his one year
extension without lawful authority in absence of regular elected government.
Senior Advisor and Minister of state Mukhles Chowdhury tried utmost, solved
political problem and thereby brought rival political parities to the planned
parliamentary elections of 22 January 2002. However, by cancelling H M Ershad’s
nomination Moeens staged a military coup on 11 january 2007.
2006
to January 2007 and he was running the state with integrity, sincerity and
honesty which was proved later by government and military inquries and
investigations. He was under attack by civil military. Political media and
inner circle of president’s office and president’s
family. The PMs political secretary was dead against his introduction in the
government public. Where as it was written by section of news paper that he was
in favor of him. During his regime a lecturer a Sohrawardy college went to
Bangbhaban which was rumored in media replacing the name with then
PMs Assignment officer. There was similarity with names but not the same name.
On
11 January 2007 which Mukhles Chowdhury became powerless then Brigadier Fazlul bari Dhaka . After one year
and three and half months of military take over of 11 January 2007, Chowdhury
left Bangladesh and number of times he was under attack in New York and in
London including 15 September in London, UK by Brigadier Amin. Military backed
extra-constitutional government of 2007-2008 handed over power to Awami League
after election. Earlicr Shiek Hasina openly said that the military government
is product of their street movement. Awmami league promised to legalise all
activities of that illegal government. Thus 2008-till date AL
2008 Election
The national election of Bangladesh
Ahmed functioned without
legislative authority as it continued to function after its scheduled tenure of
120 days ended on 12 May 2007. All decisions taken after this date must be
ratified by the parliament for the sake of legitimacy.
The caretaker government of
Dr. Fakhruddin Ahmed was a malitiary controlled and has made extensive use of
the military to stymie the chaose that preceded the 11 th of January, 2007
populary known as 1/11, like 9/11.Form the very outset however, the government
made it clear that they were there not only arrange a free and fair election,
but also to make sure that all aspects that are connected to it are reviewed
properly. This meant major reforms in the election system, but also making sure
that corrupt candidates could not take part in the election.
The task was however an
enormous one, since Bangladesh
Reforms
There has been a major change
in the election system as the caretaker government has introduced Voter ID cards (with photograph)
for the first time. The Bangladesh Army including members of other military
forces were deployed throughout the nation including the remotest areas. They
were equipped with laptops, and small digital cameras in an effort that would
result in the most orderly voter’s list in Bangladesh
Reactions
Initial
reactions of the public were welcoming. That arrest of corrupt prominent
politicians led many to believe that a new political age was imminent. However,
on new major parties came into the scene, and now the work of the
anti-corruption unit is coming undone as many of the politicians are being
released from prison. This has also ended prospects for reform within the major
parties since the old leaders have returned to their former positions, and
positively gotten rid of reformers.
People
who had opposed the government’s prolonged stay have mostly been members of the
two major parties. Members of the public in general understood the reasons
and necessity for the government’ actions.
The
television media has reported events throughout the term in a mostly robotic
manner. There has been little questioning of the leaders who have been
incriminated with an array of corruption charges, and who are now on the verge
of returning to power. Almost all of the nation’s television channels are owned
by members from one of the two major parties.
Chief Advisers
since 1991
• Justice
Shahabuddin Ahmed - Election of 1991
• Justice Muhammad Habibur Rahman - Election of
1996
• Justice Latifur Rahman - Election of 2001
• Dr.Iajuddin Ahmed – Resigned on
11/January/2007
• Dr. Fakhruddin Ahmed – Appointed
11/January/2007 – Election of 2008
See
also
• Caretaker Government
• Chief Justice of Bangladesh
Abolishment of
CTG
In 20011 Bangladesh Awami League (BNP) abolished Caretaker
Government (CTG) uilaterallythrought 15th amendment of the
constitution for which they staged street movement during 1994-96 periods.
Ironically, BAI came to power twice in 1996 and 2008 through this CTG.
Oppsition including BNP have been demonstrating against this amendment since
then. People are worried about next elections as CTG was abolished. Sheikh
Hasina assured that parliament will be dissolved follwing a verdict of court.
Caretaker
system declared illegal
"There is no alternative to a non-party
and neutral government for people's franchise. Under any circumstances, the
democracy-loving people of the country will not accept an 'arranged election'
under a partisan government," she said while speaking at a press
conference at her Gulshan office in the city.Drawing people’s attention to the full text judgment on the caretaker system of government, the opposition leader said, "The judges take their oath with a pledge (commitment) to deliver neutral justice but they do not remain under oath after retirement. For this reason, any retired judge cannot sit in the court, cannot hear any case and for the similar reason, the retired judge cannot write any judgment in any case or put signature in it. But Justice Khairul Haque did it. For obviously reason, I think, the judgment in this regard was one-sided, unacceptable and subject to cancellation".
BNP chief said, "Former Chief Justice ABM Khairul Haque delivered a brief judgment cancelling the 13th amendment to the constitution on May 17 last year, a week before his retirement. It was a split judgment. It was unprecedented and judicial ill- practice as there was a specific difference between the brief- split judgment and the full-text judgment published a few days back 16 months after his retirement."
She said the unethical and politically motivated judgment is ineffective on logical grounds. The BNP chairperson said an unwarranted situation would be created and the political crisis would be deepened in the country owing to the judgment.
Khaleda Zia said, "BNP believes that the people of the country will not accept in any way the politically motivated, unjustified and contradictory judgment delivered by former chief justice and it (BNP) will not participate in any election held on the basis of the judgment."
The opposition leader alleged that the government has made all the institutions ineffective through politicisation as people have no trust in any institution.
BNP acting secretary general Mirza Fakhrul Islam Alamgir, standing committee members Dr RA Gani, ASM Hannan Shah, MK Anwar, Barrister Rafiqul Islam Miah and Gayeshwar Roy, vice-chairman Justice TH Khan, and chairperson's press secretary Maruf Kamal Khan Sohel were present, among others.A restoration by parliament of the nullified constitutional provision relating to the caretaker government system will be legal since the Supreme Court has said the system can be kept in place for two more terms.The Supreme Court's full verdict on the constitution's 13th amendment case may offer a guideline explaining the way in which the caretaker government system can be used for a specified period, says a source close to former chief justice ABM Khairul Haque. Justice Khairul Haque, it may be noted, is now in the process of writing the full judgment. Parliament, if it wishes, may reintroduce the now defunct model of the caretaker government system or introduce a new model of it by amending the constitution. The act will be aimed at holding two more parliamentary elections under the caretaker government system, as the ex-chief justice may explain in the full verdict. The source said Justice Khairul Haque, who led the Appellate Division into declaring the provision for a caretaker government system unconstitutional and void on May 10 last year, may explain in detail the three "age-old principles" cited in the short order with regard to holding two more national polls under the lapsed caretaker government system. The three principles are the following: necessity makes it lawful, safety of the people, and security of the state are the supreme law.
* Caretaker government may hold next 2 JS polls for 'safety'
* Keep judges out of caretaker government
The Supreme Court has declared illegal a 15-year-old constitutional provision that mandates an elected government to transfer power to an unelected non-partisan caretaker administration to oversee a new parliamentary election on completion of its term. In the same verdict yesterday the highest court said the voided system may be practiced for another two parliamentary terms for the sake of "safety of the state and its people”. The court also asked the parliament to amend the constitution to make sure that former chief justices or any other Supreme Court judges are not chosen as heads of caretaker governments in case the system is kept for another two parliamentary elections. A seven-member SC panel, headed by Chief Justice ABM Khairul Haque, reached the verdict on majority vote. It thus also rejected a 2004 High Court ruling that upheld the 13th amendment to the constitution which provides for a 10-member non-partisan caretaker government to take over following the dissolution of a parliament and resignation of an elected government on completion of its term. A caretaker government runs the routine administration and assists the Election Commission in conducting the polls. The High Court ruled the system legal after a Supreme Court lawyer M Salimullah challenged the 13th amendment in January 2000 in a writ petition saying the change distorts the principle that the republic will be governed by an elected government. The caretaker system was also hailed as appropriate for
After Salimullah's death, another Supreme Court lawyer Abdul Mannan Khan filed an appeal in June 2005 against the High Court ruling in the Supreme Court.In its brief verdict yesterday the Supreme Court said, "The Constitution (Thirteenth Amendment) Act, 1996 (Act 1 of 1996) is prospectively declared void and ultra virus the Constitution.” The election to the Tenth and the Eleventh Parliament may be held under the provisions of the above mentioned Thirteenth Amendment," it said.” The parliament, however, in the meantime, is at liberty to bring necessary amendments excluding, the provisions of making the former Chief Justices of Bangladesh or the Judges of the Appellate Division as the head of the Non-Party Care-taker Government," the verdict added. Introduced in 1996 through the 13th amendment to the constitution by a controversially elected parliament, the system of non-party caretaker government has seen the holding of three successful parliamentary elections in 1996, 2001, and 2008 that were considered free and fair by both local and foreign observers. The immediate past chief justice is the first choice to become the head of a caretaker government with the formal title of chief adviser. Two former chief justices, Justice Habibur Rahman and Justice Latifur Rahman served as chief advisers respectively in 1996 and 2001.Fakhruddin Ahmed, a former governor of Bangladesh Bank, held the office to oversee the 2008 parliamentary voting after street protests, led by Awami League and its allies, forced then-president Iajuddin Ahmed to quit the post of the chief adviser.Awami League, led by then opposition leader Sheikh Hasina, pioneered the movement for introducing the non-partisan caretaker system. Her bitter rival Khaleda Zia, then the prime minister, vehemently opposed it.This time the Supreme Court verdict has been welcomed by Awami League, the current ruling party. Opposition BNP said it will wait to give its reaction. The verdict triggered mixed response among lawyers with some calling it contradictory and Attorney General Mahbubey Alam hailing it.Mahbubey Alam said the verdict is "right in principl.caretaker governments if the constitutional provisions are
Instrumental behind the introduction of caretaker government in 1996, the Awami League now welcomes the Supreme Court verdict that declares the system illegal. Then in power, the BNP was dead against the concept. Now in opposition, the same party appears concerned Ruling
Hasan Jahid Tusher
Ruling Awami League-led grand alliance has welcomed the Supreme Court verdict that declared illegal the constitutional provision for the caretaker government.” We definitely welcome the apex court decision,"
On how or under whom the general elections should be held in future, he added. Ironically, the caretaker government system was introduced in 1996 in the wake of vigorous movement led by Awami League. Quader observed that it is difficult to reach an understanding on the issue if the political leaders cannot come out from their "obsession to the past”. A civil society member, a former bureaucrat, an eminent educationist, a former minister or a former lawmaker might head the caretaker government in future in line with the apex court verdict, he suggested. The
Consensus with the government for the sake of keeping democracy continuing; otherwise it would seem they "have an evil intention". BNP has decided to come up today with its formal reaction to the Supreme Law Minister Shafique Ahmed said the caretaker government will not be needed if the Election Commission is independent and strong. If the EC is independent, it can hold elections fairly and neutrally, he said in his reaction to reporters at his secretariat office. Shafique said the EC held upazila and municipality elections in a free and fair manner. Democracy will get an institutionalized shape if the EC plays its independent role strongly, he said as a lawyer in his personal reaction. The law minister said he felt that the SC has declared illegal the 13th amendment to the constitution on consideration that the state should be governed by elected representatives of people, and governing the state by unelected persons is unconstitutional. Parliament will take a decision on amending the constitution after considering the SC observations with wisdom he expressed the hope.Jatiya Samajtantrik Dal President Hasanul Huq Inu termed