The Appellate Division of the Supreme Court on Thursday (November 20) reinstated the nonpartisan caretaker government system, declaring its earlier ruling that abolished the system to be invalid and restoring the 13th Amendment to the Constitution. The decision effectively brings the caretaker system back into the charter, though the upcoming 13th parliamentary election will still be held under the current interim government. The system will take effect again from the 14th National Parliament Election.

The full seven-judge Appellate Division, led by Chief Justice Dr. Syed Refaat Ahmed, issued the ruling at 9:40 am in Dhaka. The other judges on the bench were Justice Md Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md Rezaul Haque, Justice SM Emdadul Haque, Justice AKM Asaduzzaman, and Justice Farah Mahbub.

The decision caps a long review process that began after the political transition on August 5, 2024. Citizens for Good Governance (SHUJAN) Secretary Dr. Badiul Alam Mazumdar and four others filed for a review of the court’s 2011 judgment that had struck down the caretaker system. BNP Secretary General Mirza Fakhrul Islam Alamgir filed a separate petition on October 16, followed by separate petitions from Bangladesh Jamaat-e-Islami Secretary General Professor Mia Golam Parwar and freedom fighter Mofazzal Hossain.

The Appellate Division held hearings on October 21, 22, 23, 28, 29 and November 2, 4, 5, 6 and 11. Attorneys representing the petitioners included Advocate Sharif Bhuiyan for Dr. Mazumdar and others, Barrister Ehsan Abdullah Siddiq as an intervener, Shishir Monir on behalf of Jamaat-e-Islami, SM Shahriar for freedom fighter Mofazzal Hossain, and senior lawyers Zainul Abedin and Barrister Ruhul Quddus Kajal for the BNP.

Attorney General Md Asaduzzaman and Additional Attorney General Barrister Aneek R Haque argued for the state. Interveners also included Barrister Bodruddoza Badal, Advocate Mohsen Rashid, and Barrister Shahriar Kabir.

The caretaker government system was introduced through the 13th Amendment passed by Parliament in 1996. Its legality was challenged in 1998 by three lawyers, including Advocate M Salim Ullah. The High Court upheld the amendment in 2004, but the petitioners appealed. In May 2011, a seven-judge Appellate Division bench declared the amendment void by majority opinion, prompting the Parliament to pass the 15th Amendment that formally abolished the caretaker government system. The gazette was issued on July 3, 2011.