The Appellate Division of the Supreme Court has published the full verdict reinstating the caretaker government system in the Constitution
The 74-page judgment was published on the court’s website on Sunday.
On November 20, the Appellate Division delivered the verdict upholding the caretaker government provision. The full verdict was written by former Chief Justice Syed Refaat Ahmed.
Nearly 14 years ago, the Appellate Division led by then Chief Justice ABM Khairul Haque had declared the caretaker government system unconstitutional. Following that ruling, the 15th Amendment to the Constitution abolished the interim election-time government.
After the fall of the Awami League government in the July uprising, an interim government was formed on 8 August under Chief Adviser Muhammad Yunus. Questions were raised about its constitutional legitimacy, prompting review petitions.
On 27 August 2024, five eminent citizens including Badiul Alam Majumdar of Shujan filed for review of the earlier verdict. Later, BNP Secretary General Mirza Fakhrul Islam Alamgir (17 October), Jamaat-e-Islami Secretary General Mia Golam Porwar (23 October), and freedom fighter Mofazzal Hossain (2025) also submitted review petitions.
Hearings on the appeals to reinstate the caretaker government system were held on 21–23 October, 28–29 October and 2, 4–6 November and 11 November 2024.
The bench was headed by Chief Justice Syed Refaat Ahmed, joined by six other justices. Lawyers including Zainul Abedin, Sharif Bhuiyan, Mohammad Shishir Monir, Ruhul Quddus Kajal, and SM Shahriar Kabir appeared, while Attorney General Mohammad Asaduzzaman and additional attorneys represented the state.
The caretaker government system was originally introduced through the 13th Amendment in 1996. Its legality was challenged in 1998, but the High Court upheld it in 2004. In 2011, however, the Appellate Division struck down the amendment, leading to the 15th Amendment abolishing the system.
