CRBC News

Bangladesh Supreme Court Restores Nonpartisan Caretaker System — Exempts Next Election

The Supreme Court of Bangladesh has restored the nonpartisan caretaker government system for future national elections but exempted the upcoming vote, which will be overseen by interim leader Muhammad Yunus. The 1996 mechanism was removed in 2011 and later criticised after contested polls under the previous government. The unanimous ruling applies to the subsequent national election; the full judgment will clarify implementation and timelines. Observers warn of a delicate political transition ahead.

Bangladesh Supreme Court Restores Nonpartisan Caretaker System — Exempts Next Election

Bangladesh’s Supreme Court on Thursday unanimously restored the nonpartisan caretaker government mechanism for national elections, but clarified the ruling will not apply to the upcoming vote scheduled for early next year.

The caretaker system, introduced in 1996, was long regarded by many Bangladeshis and international observers as a tool to improve electoral fairness in the South Asian parliamentary democracy of roughly 170 million people. In its early practice, retired chief justices headed interim administrations that organised national elections within 90 days and transferred power to the winners; the 2008 election was instead managed by an interim administration led by a former central bank governor.

Political conflict led to the system’s removal following a 2011 court decision implemented under then-Prime Minister Sheikh Hasina. Her opponents argued the change gave the ruling party an advantage; elections overseen by her administration in 2014, 2018 and 2024 were widely criticised as lacking credibility. The main opposition, the Bangladesh Nationalist Party (BNP) led by former prime minister Khaleda Zia, boycotted the 2014 and 2024 contests while demanding restoration of the caretaker formula.

The seven-member Supreme Court heard two appeals and four review petitions of its 2011 verdict and issued a unanimous judgment restoring the caretaker arrangement for future national elections. The court specified, however, that the mechanism will not apply to the next scheduled vote (described by the court as the 13th post‑independence poll); instead, that election will be overseen by the interim government headed by Nobel Peace Prize laureate Muhammad Yunus.

Attorney General Mohammed Asaduzzaman said after the ruling: “The caretaker government system has been declared supportive of Bangladesh’s democracy, and this may be elaborated in the full judgment of the court. We believe Bangladesh has now begun its journey on a truly democratic highway.”

BNP leaders welcomed the decision. Amir Khasru Mahmud Chowdhury, a senior figure in the party, said: “The verdict of restoring the caretaker government system will mark the beginning of a new horizon.”

Muhammad Yunus assumed the interim premiership three days after a mass uprising on Aug. 5, 2024 that toppled Sheikh Hasina and ended her 15-year administration. Hasina remains in exile in India and was recently sentenced to death after being convicted of crimes against humanity.

Analysts warn that implementing the court’s decision will require careful legal and political navigation. The full written judgment — which is expected to clarify timelines and the practical steps for establishing a caretaker administration — will be closely watched by parties, observers and international stakeholders as Bangladesh prepares for future national elections.