The Appellate Division has fully overturned the judgment delivered 14 years ago that had struck down the 13th Amendment—the constitutional provision that introduced the caretaker government system.

On Thursday, the country’s highest court disposed of the appeals and review petitions filed against the previous verdict and issued a new judgment restoring the caretaker provisions.

A seven-member bench led by Chief Justice Syed Refaat Ahmed delivered the decision unanimously. According to the ruling, the constitutional clauses related to a non-partisan caretaker government are now revived and reinstated.

The court further stated that these restored provisions will become effective only when the conditions for their future application arise.

Back in 2011, the Appellate Division had ruled the 13th Amendment unconstitutional. The appeals and review linked to that decision were heard until November 11, after which the bench set Thursday for announcing the judgment.

At 9:36 a.m., the Chief Justice and six other judges took their seats and delivered a concise order.

The other members of the bench were Justices Md. Ashfaqul Islam, Zubayer Rahman Chowdhury, Md. Rezaul Haque, S. M. Emdadul Haque, A. K. M. Asaduzzaman, and Farah Mahbub.

Following the verdict, senior lawyer Mohammad Shishir Monir, who represented the Jamaat-e-Islami secretary general, told reporters that the earlier judgment was flawed in several ways, and the Appellate Division has therefore scrapped it entirely. As a result, both the majority and minority opinions from 2011 have been nullified. The caretaker-related provisions of the 13th Amendment now stand revived and can only be implemented in accordance with Articles 58B and 58C of the Constitution. These articles stipulate that a caretaker government must be formed within 15 days of dissolving Parliament. Since there is currently no Parliament, the court held that the system will apply in future situations, not immediately.

Background

In 1999, several lawyers including advocate M. Salimullah challenged the 13th Amendment by filing a writ petition. After hearings, a special High Court bench in 2004 upheld the amendment, thereby validating the caretaker system.

The petitioners appealed in 2005, and in May 2011 a seven-member Appellate Division bench led by Chief Justice A.B.M. Khairul Haque struck down the amendment by a 4–3 majority. Following that ruling, the caretaker system was abolished through the 15th Amendment enacted by the then Awami League government.

Before its abolition, national elections in 1996, 2001, and 2008 were held under caretaker administrations. The 1991 election, however, took place under a consensus-based interim government headed by then Chief Justice Shahabuddin Ahmed, who relinquished his judicial post to serve as acting President.