The High Court’s latest decision to overturn key provisions of the 15th Modification to the Structure, passed by the Awami League govt in 2011, has restored the caretaker govt gadget for overseeing nationwide elections.
Announced on 17 December, this switch restores rules of free and stunning elections, eroded since the disputed 2014 and subsequent polls, signalling a shift away from over a decade of authoritarian rule.
On the opposite hand, it is additionally crucial to stamp that this ruling doesn’t at the moment lift abet the caretaker govt, clarified Barrister Nazir Ahmed, a specialist in constitutional rules.
He outlined that while the Structure’s 15th modification has been in part scrapped, a hearing on three review petitions pleading for the restoration of the Thirteenth modification to the Structure and reinstatement of the ballot-time non-social gathering caretaker govt gadget is scheduled for 19 January.
“Absolute top then can we verify that there are no longer any further barriers to the return of the caretaker govt gadget,” Barrister Ahmed stated.
This raises the demand: what will occur with the next traditional elections? Will they be held beneath a caretaker govt? In step with Dr Zahed Ur Rahman, a member of the Electoral Reform Commission, it is potentially now not.
He clarified that no matter some interpretations of the most fresh ruling, the upcoming traditional elections—launched by Chief Adviser Dr Yunus for leisurely 2025 or the foremost half of of 2026—will no longer be held beneath a caretaker govt.
“Some folks would possibly maybe maybe additionally honest lisp that if the repeal of the Thirteenth Modification too is reversed, this would possibly immediately take us abet to the caretaker govt. But that is no longer sincere. A the same debate arose after the cancellation of the 16th Modification, which is able to provide you with with some thought,” stated Dr Zahed.
He outlined that when an modification is cancelled, the earlier one doesn’t robotically return. In step with the General Clauses Act of 1897, it ought to be re-incorporated into the Structure.
“So, it is clear that the next elections will seemingly be held beneath the most fresh intervening time govt,” Dr Zahed stated.
Barrister Nazir Ahmed additionally made it clear why it is being stated that the 15th Modification has been scrapped most effective in part. “While there were a total of 54 amendments in the 15th Modification, the High Court has most effective annulled the six amendments which would possibly maybe maybe additionally very successfully be at the moment linked to the Structure.”
Other than the 2 provisions abolishing the caretaker govt, the opposite provisions were casting off the referendum clause in Article 142, criminalising unconstitutional strength grabs as treason, and delegating Supreme Court powers to lower courts, which were all declared unconstitutional and annulled by the High Court.
“These were the provisions that were destroying the predominant structure of the Structure. The final provisions were kept as they are, including complications equivalent to Sheikh Mujibur Rahman as the Father of the Nation or the seventh March Speech. The next elected govt can take decisions on them in the parliament,” Barrister Ahmed stated.
Electoral Reform Commission member Dr Zahed Ur Rahman firmly believes that “after the roughly elections the nation has witnessed in the final three phrases following the abolition of the caretaker govt, there can’t be any educated motive to abolish it.”
He further eminent that the High Court has additionally made some observations relating to the controversial elections which have taken blueprint in the final three phrases. It has been stated that the parents’s have faith in the vote has been fully destroyed thru those elections. The court docket has belief of as that in its latest judgments.
“As a consequence, we are able to hope that, per this judgment, we are able to return to free and stunning elections, and the novel folks’s lost religion in elections and democracy will seemingly be restored,” he stated.
That stated, Barrister Nazir additionally issued a camouflage of caution that even after the most fresh ruling, and the one pending for January, no longer all complications relating to the Structure will no longer be resolved successfully.
To launch with, caretaker governments are speculated to attend strength for accurate 90 days. But the most fresh intervening time govt has already been in strength for four and a half of months, and Dr Yunus indicated on 16 December that they’d maybe additionally honest preserve for one more one and a half of months.
“Such deviations from the Structure ought to be addressed with excellent decision to prevent atmosphere dangerous precedents,” Barrister Ahmed stated.
There were additionally some controversies relating to the judges. Historically, the Chief Justice or other senior judges used to lead the caretaker govt.
In 2006, Justice KM Hasan used to be speculated to lead the caretaker govt. On the opposite hand, the Awami League protested by contrast, arguing that the BNP had deviated from the same earlier educate of appointing the senior-most resolve as the Chief Justice.
As an different, in June 2003, they appointed Hasan after which raised the retirement age for Supreme Court Justices to 67 years from 65, ensuring that KM Hasan would retire accurate sooner than the caretaker govt took over, permitting him to lisp leadership as the instant previous Chief Justice.
Which ability that truth, rather than interested with all accessible alternate ideas, President Iajuddin Ahmed assumed the purpose of Chief Adviser, basically basically based on recommendation from the BNP. This decision sooner or later resulted in the establishment of a brand fresh caretaker govt, led by Fakhruddin Ahmed, a earlier governor of Bangladesh Financial institution.
Which ability that truth, it is needed to have dialogue between all key stakeholders, including political parties, to achieve predominant decisions and provide legitimacy to the extended time taken by the intervening time govt.
Barrister Ahmed referenced the 1991 elections beneath Shahabuddin Ahmed, which were additionally conducted initiate air the Structure. Later, the 11th and 12th Amendments were passed basically basically based on a framework agreed upon by the three-social gathering alliance. He suggested that after the upcoming elections, a the same alliance will seemingly be obligatory to implement corrective measures to the original Structure.
“I salvage the intervening time govt is heading in the finest direction on this regard, as Dr Yunus in his 16 December speech spoke about forming the National Consensus Constructing Commission which he’ll head,” he stated.
The fresh commission will encompass the chairmen of the already formed six commissions, and its assignment will seemingly be to identify the entire complications on which consensus would possibly even be established by exchanging views with all stakeholders, including political parties, and to provide suggestions for implementation of those complications.
Suggest Kollol Kibria, a human rights activist, shared the same views, emphasising the want for constitutional reforms to be conducted thru a participatory assignment that prioritises the parents’s voices.
“The unresolved complications, equivalent to the caretaker govt, environmental protections and affirm rules, ought to be addressed thru initiate dialogue and consultation. Parliament would possibly maybe maybe additionally honest silent no longer merely legislate; it would possibly maybe maybe maybe additionally honest silent invent a platform for debate that no doubt displays the will of the parents,” Kibria stated.
Within the intervening time, there would possibly be additionally a college of belief which is against the permanent establishment of the caretaker govt gadget. Sarwar Tushar, joint-convener of the National Citizen Committee, stated they accomplish no longer glance the want for a caretaker govt.
“In our proposal to the Structure Reform Commission, we conveyed that in a democratic affirm, a caretaker govt is needless. While it would possibly maybe maybe maybe additionally honest seem like a resolution first and foremost, in the lengthy speed, it most effective creates extra complications,” Tushar outlined.
“We envision a democratic affirm the build the Election Commission is able to organising stunning elections, even beneath a social gathering-led govt. That stated, we acknowledged that for strategic reasons, a caretaker govt would possibly even be in blueprint for the next two elections. But we’re against making it permanent.”
Electoral Reform Commission member Dr Zahed, on the opposite hand, firmly believes that “after the roughly elections the nation has witnessed in the final three phrases following the abolition of the caretaker govt, there can’t be any educated motive to abolish it.”
