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Bangladesh High Court Clears Path To Restore Caretaker Govt System


In Bangladesh, the High Court today restored the constitutional provision of the non-party caretaker government system for holding parliamentary elections.  The Court has observed that the Fifteenth Amendment to the Constitution of Bangladesh contradicted its fundamental framework and rendered key democratic principles compromised, emphasising that there is no legal bar to reinstating the caretaker government system, according to media reports.

A High Court bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury made the remarks while delivering its verdict on the much-debated Fifteenth Amendment and the abolition of the caretaker government system today.

In its observations, the High Court said that the core of the Constitution lies in democracy, which can only be ensured through free, fair, and credible elections. It added that the caretaker government system, introduced through political consensus, had become an essential component of the Constitution’s basic framework.

A caretaker government of Bangladesh, is an unelected interim government in Bangladesh tasked with organizing free and fair general elections. The Chief Adviser, the head of government in lieu of the Prime Minister, is appointed by the President. The Chief Advisor appoints other advisers, who act as ministers. The appointments are intended to be nonpartisan. The caretaker government is only permitted to make necessary policy decisions, and may not contest the elections.

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