Bangladesh Supreme Court restores caretaker government system, referendum provision

The Appellate Division of the Bangladesh Supreme Court has upheld a High Court verdict that scrapped parts of the 15th Amendment to the Constitution, effectively restoring the caretaker government system and provisions for referendums on constitutional amendments.

A four-member bench, led by Chief Justice Zubayer Rahman Chowdhury, dismissed appeals challenging the High Court's judgment and seeking the cancellation of the entire 15th Amendment. Attorney General Md Ruhul Quddus Kazal confirmed the ruling reverses a contentious 2011 decision by the Sheikh Hasina government that dismantled the caretaker framework.

Parliament had passed the 15th Constitutional Amendment on June 30, 2011, abolishing the 13th Amendment which introduced the caretaker government system in 1996. The bill also gave constitutional recognition to Sheikh Mujibur Rahman as the Father of the Nation, increased reserved seats for women, restored secularism and freedom of religion, and reaffirmed core state principles.

On December 17, 2024, the High Court had previously scrapped the part of the 15th Amendment that abolished the caretaker system and restored referendum provisions. The apex court's validation ensures this system will guarantee impartial supervision during democratic transitions. However, the court clarified that the caretaker arrangement will not apply to the present transitional interim administration, but will be implemented for the 14th parliamentary elections and all future electoral cycles.

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the amendment had also introduced several significant changes to the Constitution.