Caretaker Government System has No Alternative in Bangladesh

Evidently, there is no politics in the Bangladesh now. For many years, a kind of controlled politics has been practicing by the ruling party. Opposition politics has been brought into the house. Occasionally there are some government-sanctioned human chains, but no large gatherings are allowed. As a result, the politics of the opposition has been limited to press conferences. COVID 19further limited their politics. Even in this controlled political situation, some surprising things happen from time to time. Most of it is related to social problems. However, even in these incidents, some political issues create surprises. Bangladesh Nationalist Party (BNP) and its allies, the main opposition parties in the struggle for the caretaker government, have become increasingly frustrated with the government’s wrath and are finally losing local elections under the ruling party. It was far from their dream to win in last two proceeding national elections.  In additional to that, the representatives of the civil society have also started talking about the caretaker government system. At a recent virtual roundtable meeting on good governance organized by a well-regarded civil society organization, SHUJAN, constitutional experts, lawyers, teachers, researchers and civil society representatives highlighted the need for a caretaker government. They said that the country’s democracy is being harmed as people turn away from the polls. As democracy takes on a fictional form, extremist groups can emerge. In order to overcome this situation, the caretaker government system has to be brought back and the citizens have to go to the polls. At the same time, they have termed the current Election Commission (EC) as a depoliticization commission. They said that before we saw the military rulers depoliticize EC by seizing power, now the civilian government has also depoliticized the country with the help of the EC. Within a week of their roundtable meeting, the Left Democratic Alliance also called for new elections under a non-partisan caretaker government. The sudden need for a caretaker government in a peaceful political environment of the country is certainly significant and very important for politics.

There is nothing new to say in our country that elections are never fair and acceptable under a party government. Because there is a lack of trust and confidence between the government and the opposition. The system of caretaker government originated mainly due to mistrust and confidence between the political parties. After the mass movement of the nineties and the resignation of the H. M. Ershad, a kind of complication arose as to under whom the new elections would be held. At that time, all the opposition parties, including the two main opposition parties, Awami League (AL)and BNP, came together and decided that the election would be held under a non-party government and not under any political party. It was from this decision that the theory of caretaker government was discovered. It was unanimously decided that the Chief Justice would be the head of the caretaker government. He will form a caretaker government on a small scale to run the government with eminent persons from different fields. The main task of this government will be to arrange a free, fair, neutral and acceptable election within three months. The party that wins the election held under this government will come to power. In that system of caretaker government, the first caretaker government was formed under the leadership of Justice Shahabuddin Ahmed. It was widely assumed before the election that AL was coming to power. AL was also sure that it was coming to power and, accordingly, the party had formed a shadow cabinet. On the other hand, the BNP assumed that it was sitting in the seat of the opposition. The supporters, starting from the leaders and workers of the party, had the same attitude. The issue was that ALwas coming to power and BNP was becoming an opposition party. At the end of the election, AL lost unexpectedly and unimaginably, and the BNP won. For AL, it was like a thunderbolt without clouds. The leaders of the party were outraged and said that the election was rigged. However, the AL’s demand was not met as the election was considered free, fair and neutral at home and abroad. The party finally accepted it and sat in the seat of the opposition. Later, the issue of caretaker government was added by amending the constitution 1996. Since then, elections have been held every five years under a caretaker government. However, whichever party was in power, it also used tactics to get its loyalists to come to the caretaker government. Even then the elections held under the caretaker government were becoming free, fair and acceptable. Voters also choose their favorite party and candidates by voting in a festive atmosphere. Problems arose with the formation of the caretaker government in 2008. Opposition party of then, AL, raised the issue that the ruling BNP alliance had planted a caretaker government with its loyalists. AL started a violent movement including non-cooperation movement around the country claiming that elections cannot be held under this government. At one stage, the government, known as One-Eleven was formed with the intervention of the military. The military began to run the government from behind the scenes with the caretaker government in front. As soon as this government came to power, it started a kind of depoliticization process. The two main political leaders, Khaleda Zia and Sheikh Hasina, were arrested and placed under house arrest. As well as the military-backed caretaker government introduced the reform in politics with some front-line leaders from the two parties, BNP and AL, and created a minus-two formula to eliminate the two leaders, Khaleda Zia and Sheikh Hasina. When the mainstream leaders and activists of AL and BNP put up strong resistance against it, the military-backed caretaker government released two leaders, Khaleda Zia and Sheikh Hasina and finally arranged the election.  In the election held on 29 December 2008, the AL won two-thirds of the seats and secured an absolute majority. The BNP got only 36 seats. As soon as the AL came to power, it took initiative to cancel the caretaker government. Its argument was that democracy would not be institutionalized if elections are held with an unelected government. Democracy must be established through elections held under a party government. The party cited the example of elections held under party governments in various countries, including the United States, the United Kingdom and India. However, the opposition political parties and the civil society did not believe that the election would not be fair under the party government. Due to their opposition, the ruling coalition government formed a committee to seek the views of civil society people, including opposition political parties. Representatives of the main opposition BNP and other political parties and civil society voted in favor of the caretaker government. The Supreme Court of the country ruled against the caretaker government presumably under the influence of the ruling entity but simultaneously it suggested that the next term election could be held under a caretaker government. Following the court decision, caretaker government was dismissed absolutely by the 16thamendment to the Constitution referring to Supreme Court’s verdict. As AL had the absolute majority in the parliament, no parliamentary debate needed to form a decision. It seemed that the decision was already taken outside the parliament. After the abolition of the caretaker government, the election was held on 5 January 2014 under the ruling party amidst strong agitation of the 20-party alliance. The election was unprecedented in history. Before the election, the candidates of the ruling grand alliance were elected unopposed in 154 seats. Most polling stations were empty on polling day. Experts call the election a “vote without a vote”. The election became a matter of question at home and abroad. The ruling party was in the process of justifying it by labeling itas the election to prevent constitutional crisis. Leaders from AL also widely called it an election to uphold the Constitution and said that another acceptable election would be held soon with the participation of all parties. Once the election was over, the government took a firm stand to suppress the opposition movement and chose the path of repression-torture. Thousands of leaders and activists, including top opposition leaders, were arrested and prosecuted. AL government successfully suppressed the postelection movement by oppression, mass-arrest and forced disappearance. Later, all local level elections, including by-elections under the ruling party, were held unilaterally. Although the opposition BNP-led United Front participated in the national elections on December 30, 2018, it was held in a fancy process. The night before the election, ballot boxes were filled in favor of the ruling party AL. The ruling alliance won an absolute majority in the election, while the BNP-led United Front won only 6 seats. Opposition groups called the election a “vote rigging”. Though the election was questioned at home and abroad, the ruling party did not listen to it.

The fact that free, fair, neutral and acceptable elections are not possible under the ruling party in our country has been proved since the abolition of the caretaker government system. Voters have turned away. Even many of the leaders, activists and supporters of the ruling party do not go to the polling stations. They already know that the candidate of the ruling party will be the winner. From the country’s opposition political parties to civil society representatives and conscious citizens, everyone believes that the questionable election under the party government is a threat to democracy as well as pushing the country towards depoliticization. If this situation continues, extremist groups may rise in the country, which will not be good for anyone.

Mahmudul Hasan
Mahmudul Hasan
Mahmudul Hasan is a recent LL.M. graduate of energy and environmental law and Thomas Buergenthal Fellow at The George Washington University Law School, Washington, D.C.