The Next Election Should Be Held Under a Caretaker Government, Instead of Interim Government

In December, the High Court reinstated the Caretaker Government system by striking down the relevant provisions of the 15th Amendment, which was enacted by Sheikh Hasina’s regime in 2011. While the ruling still requires the Supreme Court’s confirmation, it effectively removes legal barriers to reintroducing the Caretaker Government system for future elections.

Given this development, I propose that the next parliamentary election be conducted under a Caretaker Government rather than the current Interim Government. I believe by holding the next election under a Caretaker Government, Bangladesh will be able to uphold constitutional integrity, prevent future legal disputes, and ensure a peaceful transition to an elected government without compromising democratic principles.

This would necessitate dissolving the Interim Government and transferring power to a Caretaker Government through a presidential proclamation. Despite the Interim Government’s ineffectiveness, Professor Muhammad Yunus, who enjoys broad public acceptance, could be a suitable leader for this transition.

My proposal is grounded on several considerations:

First, the Interim Government Lacks Constitutional Legitimacy. The President appointed the Interim Government without having any constitutional authority to do so. The legal foundation of the Interim Government therefore remains highly questionable.

Second, the Supreme Court’s Validation of the Interim Government may be questionable. The Supreme Court justified the Interim Government’s appointment under the Doctrine of Necessity, recognizing the popular uprising that ousted the Hasina regime. However, questions remain as to whether the ruling was made freely or under pressure. Any judgment issued under duress is inherently invalid, casting doubt on the Interim Government’s legitimacy.

Third, a Caretaker Government will ensure Legal and Constitutional Validity. Unlike the Interim Government, a Caretaker Government would have a clear legal and constitutional basis. Conducting elections under such a government would ensure the legitimacy of both the election process and the resulting government. Once a new parliament is elected, the President can dissolve the Caretaker Government and transfer power to the newly elected administration—all will be fully within constitutional bounds.

Fourth, no grant of immunity will be needed. If elections are held under the Interim Government, an amendment would likely be required to grant it immunity for its actions—something akin to two martial law regimes in the past which secured legal protection upon transferring power to civilians. Holding elections under a Caretaker Government would eliminate the need for such an arrangement.

Fifth, it will ensure Electoral Credibility. Bangladesh has previously conducted three successive general elections under Caretaker Governments, all widely regarded as fair. A return to this system would restore public confidence in the electoral process and ensure a smooth, controversy-free transition of power.

From the desk of Dr. Dowlah, Chair, BIPS