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Department of Development Studies

University of Dhaka

Assignment On:

Caretaker Government and Fair Election: Is Caretaker

Government is the Precondition for the Fair Election and Democracy

in Bangladesh?

Course: Contemporary Development Issues in Bangladesh (DS-404)

Submitted To: Dr. Md. Reazul Haque

Associate Professor Dept. of Development Studies

University of Dhaka Submitted By:

A.M.Rezwanul Hoque Hon’s 7th semester,

Class Roll – 14 Exam Roll – 5004

Session: 2008-2009 Dept. of Development studies

University of Dhaka

Submission Date: 24th May, 2012

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Contents

Acknowledgement 4

Abstract 5

List of Figures 6

Chapter One: Taking Caretaker Government into Mind 7

1.1. Introduction 7

1.2. Justification of the Research 7

1.3. Objectives of the Research 8

1.4. Research Question (s) 8

1.5. Issues of Ethics 8

1.6. Field work and Research Method 10

1.7. Limitations 12

1.8. Outline of the Research Paper

12

Chapter Two: Creating Foundation: Literature Review on caretaker government 14

Chapter Three: Defining Caretaker Government and its Activities in the Context

of Bangladesh

3.1. Definition of Caretaker Government

17

3.2. The Caretaker Government in Bangladesh 18

3.3. Background of The Caretaker Government in Bangladesh 18

3.4. Caretaker Government in Last Period (2006-2008) :A blessing or Curse 23

Chapter Four: Obtaining the People’s View : The Concluding Remarks 27

Chapter Five : Findings and Recommendations 36

5.1. Conclusion 37

16

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Appendix 38

Reference

40

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Acknowledgement

I am A.M.Rezwanul Hoque, student of Dhaka University at the Department of Development

Studies, 4th year, 7th semester, and Class Roll-03, at first wish to express my thankfulness to

my honorable course teacher Md. Reazul Haque, Associate Professor, Department of

Development Studies, University of Dhaka for his proper guidance and encouragement to

prepare this paper.

Then I want thank Shamima Akter Jahan, Secratery Female Studenrs’ Affair of Bangladesh

Student League, Dhaka University as she spent her valuable time in collecting female

students view. Then my thanks goes Md. Shakhiul Islam Shovon, as he was always beside

my side in collecting the data.

And lastly I want thank allah that I am able to finish the research.

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Abstract

Bangladesh became independent from Pakistan in 1971, following a bloody war. One of the

reasons for the creation of Bangladesh was the aspiration of the people to establish a

democratic society. Conversely, it may be said that Bangladesh became an independent

country as a protest against military rule. Ironically, between 1975 and 1991, the country

was either under direct or indirect military rule. Since independence, two presidents have

been killed in military coups, martial law has been imposed three times and thrice a state of

emergency has been declared.

Like many developing countries, in Bangladesh the holding of free, fair and credible

elections remains a big legal and political challenge despite the existence of all formal

institutions including an apparent independent Election Commission. Those in power have

always manipulated the rules and institutions concerned with the election process.

Consequently, the innovative idea of holding the election under a non-party caretaker

government was conceived as a solution. It was perceived that the non-party neutral

caretaker government would have no motivation to manipulate the electoral process as the

members of this government are barred from contesting the election.

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List of Figures

Figure 1: what importance does Caretaker Government have in order to

have a fair election in Bangladesh 21

Figure 2 : Caretaker Government is how much impartial than political

government in order to provide fair election 22

Figure 3 : For the stability of political situation what role Caretaker

Government can play 23

Figure 4 : Does the caretaker government able make any impact on the

political practice of Bangladesh 24

Figure 5 : Caretaker Government comes in power for three month to

give a fair election, is it enough time to provide a fair election 25

Figure 6 : Is the selection of chief advisor of Caretaker Government is

impartial? 26

Figure 7 : Is the number of advisor of Caretaker Government is enough

to do the entire task 27

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Chapter 1: Taking Caretaker Government into Mind

1.1 Introduction

In 2011 Bangladesh has observed its 40 years of independence but till now the people are

not able to experience the real democracy. From independence, it had been said that this

country will run by the law of democracy, never the actual democracy is practiced here. But

it is clearly defined in Constitution that the country will run in a democratic way and to

ensure constitutions sovereignty the constitution is created as rigid one which is hard to

change. Recently 15th constitutional amendment was taken place which is about to abolish

the Caretaker government. The amendment took two major political parties in two

different poles. The government party is against the caretaker system where the opposition

said that they will not take part in the election if the care taker system is not retained. On

the issue of caretaker government the politics of Bangladesh is in a hanging situation.

1.2 Justification

The 15th amendment was passed in 30th in June 2011, which was against the caretaker

government. Historically in Bangladesh the constitutional change has been happened for

the preservation of the interest of government party and most of the case the power of

constitutional change abused to strengthen the current power or to neutralize the power

of opposition in order to win the next election. After this change, the government party is

quite happy that they are able to strengthening the root of democracy as by removing

caretaker government from constitution, which brings to an end of the probability of army

to get in the power. And to them this change is essential for the sovereignty of constitution

as the caretaker government is not constitutional. Again the opposition parties are think

that the constitutional change is a way to make cheat in the election by the government as

political history is not so trustable in Bangladesh, that it is possible to have a fair election

under elected government.

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Past four elections were run under the neutral caretaker government and the people are

able to see various incidences which were taken place under the caretaker regime from

2006 to 2008. In addition, these incidences raise some question about the validity and the

necessity of caretaker government. Actually in this paper I will try to answer those

questions and will try to make a bridge between caretaker government and fair election.

1.3 Objective of the Research Paper

The objective of this research is to find out what importance does the caretaker

government have for a fair election in Bangladesh?

Is there any possible scope and better solution on the issue of caretaker

government?

1.4 Research Question

1.4.1 Main Question

How important it is to transfer power and responsibility to a non-democratic

Caretaker government for a fair election, in a democratic country like Bangladesh?

And what is the necessity of caretaker government for the fair election in

Bangladesh?

1.4.2 Sub Questions

What people think about the caretaker government?

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1.5 Issues of Ethics:

The ethical standard for conducting such research had been strictly adhered to. At the very

beginning of my interview process, we informed my respondents that this research is being

conducted strictly for research purposes, no harm or benefits could be done to the

respondents through the research and no monetary benefits would be provided during the

field work. We ensured respondents of maintaining confidentiality by not disclosing their

name and address at the time of report writing; pseudonym had been used in this paper.

Respondents had freedom to withdraw from the interview at anytime; he/she had the right

not to answer any questions if unwilling and participation had been voluntary. The set time

for the meeting had been maintained rigorously. The transcripts had been provided to the

respondent if s/he wished to have a look at it. No personal questions and/or any questions

deemed irrelevant for the research had not been asked.

1.6 Field Works and Research Methods

1.6.1. Research Method

This research being focused on citizens of Bangladesh, had seek to what people

think about caretaker government and how they experience and react differently to this

issue. It had also taken into account that the personality of the researcher affects the

research methodology and shapes the data collection and interpretation process. Hence,

the research has been conducted by using Qualitative Research tool as by dint of qualitative

research only the research can achieve its desired view of people in the issue of caretaker

government for a fair election.

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1.6.2. Sources of Data

Both primary and secondary data have been used in this research. While primary

data have guided me to conclude a conclusion that to some extent represents the peoples’

view, and the secondary data have been a guideline for the research. The source of

secondary data was various scholarly journals and articles, reports prepared by different

development organizations working in the relevant field, Newspaper reports and books.

1.6.3. Research Locations

The research location was the ‘Various Public and Private Universities of Dhaka

area. As my research was self-funded, financial constraint has not allowed me to conduct

my field work beyond Dhaka city. The identified location, therefore, has been suitable for

me.

1.6.4. Sampling Issues

Sampling is necessary in order to avoid bias and ensure representation of different

stakeholders (Mayoux, 2002: 2). In creating sample one option is to take a purposive

sample, looking at a small number of locations in detail in order to gain an impression of

the situation overall (Miles and Hubermann, 1994: 26). A suggested starting point for

developing a qualitative sample is to begin with a stratified purposeful sample, which can

be used to illustrate the different subgroups of the study area (INTRAC, 2004: 37).

The whole nation is related my study but it is impossible to cover all peoples’ view. So I

select the student part form all people for my study. Again it is impossible to cover the

whole student part. For the constrain of money and time I can only took the views of 40

students, whose are currently studying in various public and private universities. The

reason behind taking only the ideas of university is because all of them are adult, educated

and conscious about the country and politics; most importantly they are the future citizens

of this country

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1.6.5. Basic Techniques: Interview through Semi-structured Questionnaire

Lindlof and Taylor highlights the importance of this Semi- Structured interview

method, they suggested

It is generally beneficial for interviewers to have an interview guide prepared, which is an

informal "grouping of topics and questions that the interviewer can ask in different ways

for different participants"1

In the research I used both open and closed questionnaires. I asked total seven questions to

the fourty students of various universities

By using open questioner I asked student about the question “what initiative can make

caretaker government more effective and stronger and how? Here I used open questioner

as

The question may have various answers.

The respondents are free to express their own idea.

The answer of the question is a critical one than others.

And rest of the questions are being asked according to the fixed questionnaire as-

It takes less time.

It confined the answer in fixed area.

1 Lindlof and Taylor, 2002 T.R. Lindlof and B.C. Taylor, Qualitative Communication Research Methods (second ed),

Sage Publications, Thousand Oaks, CA (2002), p. 195

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1.6.6. Processing of Data

The data processing has been carried out following the field work and Interviews

Qualitative data transcription was done manually. Firstly the transcription of the

interviews was conducted in Bengali. Afterwards, the required information for the report

writing was translated into English.

1.7. Limitations

My research topic is caretaker government that is related to the country, people and

democracy. The area is too big. People of various occupations and sectors like politicians,

students, jobholders, executives, lawyers have various ideas about the topic. However, the

research time is too short to cover the entire sector that is why I select only the students of

various universities of Dhaka city for my research respondents. To me the university

students are the representative of future generation and their ideology and way of thinking

is much higher than other people. So their expressed view about the caretaker government,

to some extent represents the entire people’s view about caretaker government.

1.8. Outline of the Research Paper

The research paper is divided into five chapters. The first chapter has enlighten (or

established) why the I selected the research topic. This also has given the rationale,

objectives and the research question of the study. The methodology has been portrayed

here with other necessary information of the study.

The second chapter has shown the works of the prior academicians and scholar on the

topic of caretaker government and based on the prior works, the operational definition and

the probable theoretical framework have also been pictured here.

The third chapter has analyzed the concept caretaker government and its situation in our

country.

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The fourth chapter is based on the normal people’s views on the topic caretaker

government. The data analysis has captured the approximate true picture. This chapter has

pictured the position and situation of the stakeholders of the issue of caretaker

government’s necessity for the fair election.

The last chapter has given the concluding remarks of the study by providing the findings

and the recommendation of the research.

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Chapter Two: Creating the Foundation – Literature

Review on the Issue Caretaker Government

Academicians are divided on the issue of caretaker government. The issue of caretaker

government for fair election comes in focus after the recent change of constitution. Some of

them think caretaker government is better for our democracy and election where some of

them are against it because of the experience of last caretaker government’s activities.

One of the main reason to remove the caretaker government system is that someone the

“Military was stepped in and suspended the elections”. Many of people said that the

intervention of military was too much in the ruling process. The matter was not that

straight, though the military supported constitutionally mandated government, like any

military of the world would do. What is the harm in it or what conspiracy one can see in

such support of military to the caretaker government? Actually this change was to

influence the election and to make cheat in election process2 (Hoque: 2009)

Caretaker government can work independently, but how they use this power?One of the

resigned advisers of caretaker government at last regime, General Hasan Mashud

Chowdhury), is quoted

‘From the very start it was clear that the president was a party [BNP] man. … He was

not detached from his party in the least … [and had] totally failed in his job as a neutral

administrator’:

So those who is advocating caretaker for fair election and impartiality this is clear evidence

to them. At least by this recent amendment the root of democracy is being strengthened.

(Shakhawat Liton, Daily Star 2006)3

2 Hoque, Masudul, A.K.M. 2009, Emergency Power and Caretaker Government

3 http://thedailystar.net/2006/12/12/d6121201011.htm

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The Hong Kong based Asian Legal Resources Centre estimates that between 11 January

2007 and 11 January 2008 ‘over 250,000 have been arbitrarily arrested and many such

detainees have been tortured during this time. Again there were many reported deaths in

custody and often with marks of severe torture. The number of people arrested just within

a span of a month (between 28 May 2008 and 30 June 2008) is reported to be 50,215. Out

of these, arrest warrants were issued only against 34,249 and others were arrested without

any warrant. (Daily Ittefaq, June 30 2008) 4 This statistics shows how the human justice

violated at that time.

Asif Nazrul, Professor, in Law Department in University of Dhaka stated the amendment as

mixed hotchpotch as by this the ruling party actually violated of over eyed their past

activities for the caretaker government. He also stated that under the political government

we are able to various notorious activities of ruling party in local election, (Upazilla election

of Shailokupa) how it is possible for election commission to give a fair election under the

political government. 5

Again in answering the question of Asif Nazrul, Seikh Hafizur Rahamn, Associate Professor,

Law Department in University of Dhaka stated that it was election manifesto of present

ruling party that if they elected they will go back to the 1972’s constitution. As caretaker

government is against the 1972’s constitution, the amendment of abolishing the

government taken places. He also said Awami league comes in power with more than sixty

percent of total votes, so most people of the country are in support of abolishing the

caretaker system. He rather influence in strengthening the election commission.6

Till now it’s a debate, that which one is better for the country? Having caretaker

government or not? Many of the scholars are supported the caretaker government where

many of them are not. But the impotent thing is with the abolishment of caretaker

government they also suggested to make the election commission stronger.

4 <http://www.ittefaq.com/content/2008/06/30/news0463.htm> at 27 November, 2008.

5 Daily Prothom Alo, at 16 July, 2011

6 Daily Prothom Alo, at 16 July, 2011

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Chapter Three: Defining the Caretaker Government & Its

Activities in the Context of Bangladesh

3.1 Definition of Caretaker Government

The Caretaker Government is a special form of government system in which the country is

ruled by a selected government for an interim period during transition from one

government to another, after the completion tenure of the former. As the outgoing

government hands over their power, the caretaker government comes into place.7

Caretaker governments may also be put in place when a government in

a parliamentary system is defeated in motion of no confidence or in the case when the

house to which the government is responsible is dissolved, to rule the country for an

interim period until an election is held and a new government is formed. This type of

caretaker government is adopted in Bangladesh where an advisor council led by the former

chief judge rules the country for three months before an elected government takes over. In

systems where coalition governments are frequent a caretaker government may be

installed temporarily while negotiations to form a new coalition take place. This usually

occurs either immediately after an election in which there is no clear victor or if one

coalition government collapses and a new one must be negotiated.8 (Authors own

translation) Caretaker governments are expected to handle daily issues and prepare

budgets for discussion, but are not expected to produce a government platform or

introduce controversial bills.

Caretaker governments are of three kinds-

3.1.1 Presumed Caretaker Government

There are no basic rules or mandatory for this type of government. In special situation this

government comes in to the caretaker role. This type care taker government mainly comes

7 http://en.wikipedia.org/wiki/Caretaker_government

8 Banglapedia: Caretaker Government

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in power with the expiry of legislative part of the present government or the failure of

present government in the confidence votes in the parliament. This government is

validating for the next election and its main task is to perform the duty of election.

However, this type of government is acknowledged in everywhere in the world.

In Britain, France, and in many other countries the election is taken place in regime of the

prior prime minister. The prime minister need not to be resigned from his post. For that

reason this type is of government cannot be said as real caretaker government.

3.1.2 Caretaker Government in Special Sense

To handle any disaster or any crucial situation like war, famine, the special kinds of interim

government that comes in power is called caretaker government in special case. In 1945

prior the Second World War with the leadership Winston Churchill and other important

persons of America shaped a interim government for the next upcoming election. Sir Ivor

Jennings later termed this government as Caretaker Government in Special Sense.

3.1.3 Caretaker Government in True Sense

Caretaker Government in True Sense means special kinds of government which is

apolitical, impartial and neutral in nature. The key thing is every member of this

government is personally prevented from voting, supporting and taking part in the

election. In Bangladesh this type government was introduced by the 13th amendment of

constitution.

3.2 The Caretaker Government of Bangladesh

The Caretaker Government of Bangladesh is a form of government system in which the

country is ruled by a selected government for an interim period during transition from one

government to another, after the completion tenure of the former. As the outgoing

government hands over their power, the caretaker government comes into place. Members

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of the caretaker government do not belong to any political party; nor are they allowed to

contest the elections. The main objective of the caretaker government is to create an

environment in which an election can be held in a free and fair manner without any

political influence of the outgoing government. It is not empowered to take any policy

decisions unless it is necessary.

The head of the Caretaker government is called the Chief Adviser and is selected by the

President, and the Chief Adviser selects the other advisers. The administration is generally

distributed between the advisers. The Chief Adviser and the other advisers are committed

for their activities to the President. A Caretaker government is headed by a Chief

Adviser who enjoys the same power as the regular prime minister of the country except

defense matters. The Advisors function as Ministers.

3.2.1 The Issue of Caretaker Government in Constitution

The amendment provided that after the resignation of the government, before a scheduled

general election, the president shall invite the immediate past chief justice of the country to

become the chief adviser (CA).9 If this was not possible, the Constitution suggests “the

Chief Justices of Bangladesh retired next before the last retired Chief Justice, or the retired

Judges of the Appellate Division who retired last or the retired Judges of the Appellate

Division retired next before the last such retired Judge” could be appointed as head of the

Caretaker Government.10 If these options are not available or not feasible, the President

“shall, after consultation, as far as practicable, with the major political parties, appoint the

Chief Adviser from among citizens of Bangladesh.”11

Article 58C (1) says that, the ‘Non-Party Care-taker Government shall consist of the Chief

Adviser at its head and not more than ten other Advisers.’ The advisers are to be appointed

9 Bangladesh Constitution, art 58C(3)

10 Bangladesh Constitution, art 58C(4)

11 Bangladesh Constitution, art 58C(5)

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by the president on the advice of the chief adviser.12 The advisers should not be member of

any political party and should be qualified for election.13 The CA would exercise the

executive power of the republic during the tenure of the caretaker government. The tenure

of the CA commences from the moment of taking the oath of office and ends when a new

prime minister is sworn in after the general elections.14

3.2.2 Functions of Non-Party Care-taker Government

The Non-Party Caretaker Government shall carry on the routine functions of such

government with the aid and assistance of persons in the services of the Republic and shall

not make any policy decision.15The first and foremost responsibility of this government is to

hold a free, fair and credible election with the help of Election commission. 16 The

amendment, in clear terms, made it mandatory to hold the general election within 90 days.17

3.3 Background of the Caretaker Government in Bangladesh

The Constitution (Thirteenth Amendment) Act 1996 was passed, requiring all future

general elections in Bangladesh to be held in accordance with this amendment.18 Under this

arrangement, the government, at the end of its tenure, rather than going into a caretaker

mode should hand over power to a non-party caretaker government.

A caretaker government was first introduced in 1990 when three party alliances jointly

made a demand for it. After the forced resignation of General Ershad, the three alliances

12

Bangladesh Constitution, art 58C(8) 13

Bangladesh Constitution, art 58C(7) 14

Ibid. 15

Bangladesh Constitution, art 58D(1) 16 Bangladesh Constitution, art 58D(2) 17

Bangladesh Constitution, art123(3) This clause was substituted for the former clause (3) by the Constitution (Thirteenth Amendment) Act 1996, (Act1 of 1996), s 6 18 For a critical analysis of various provisions of the Thirteenth Amendment, see M Rafiqul Islam, ‘Free and Fair General

Elections in Bangladesh under the Thirteenth Amendment: A Political-Legal Post-Mortem’ (July-December 1996) 26

Politics, Administration and Change 18.

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nominated Chief Justice Shahabuddin Ahmed as the Chief Advisor. Since 1996, the

Caretaker government has held the elections of 1996, 2001 and 2008. Although the first

caretaker government was intended to help the transition from authoritarianism to

democracy, the Sixth Parliament dominated by Bangladesh Nationalist Party

constitutionalised this system in 1996. The 1st caretaker government consisted of 17

advisers. They appointed Justice Abdur Rouf as CEC, Justice sayed Mesbah Uddin Hossain

and Nayeem Uddin Ahmed as EC. A fine and acceptable voter list is the prior condition of a

fair election. This government took the initiatives to renew the voter list.

The second Caretaker government was headed by the Justice Habibur Rahman. After taking

the responsibility, this government started working on reconstitution of election

commission. They appointed the renowned bureaucrat Md. Abu Hena as CEC, district judge

Mostaque Ahmed Chowdhury and retired secretary Abdur Rahman as EC. They also took

initiatives for strengthening the law and order situation. They gave highest importance on

the administrative impartiality. The election commission limited the expenses in election of

the candidates and imposed them to submit their expenses sources. The commission

arranged various workshops for election officer through Election Training Institute so that

they could do their duties properly. In this election, (1996) Bangladesh Awami League

captured 147 parliamentary seats and they led with the coalition of Jamat-e-Islami.

Bangladesh Nationalist Party joined the parliament as opposition with 116 seats.

The government elected on 12thJune, 1996 has completed the tenure on 13July 2001.

President dissolved the parliament on 14July 2001. The last retired chief Justice Md. Latifur

Rahman was appointed as Chief Adviser according to the Constitution act 58(C). On 16 July,

the president appointed ten advisers on the advice of chief adviser. This caretaker

government started the registration system for the political party. Under this government,

the eighth national parliament election has taken place. The four-party coalition headed by

BNP gained the two-third majority in the election. The election was appreciated both

nationally and internationally.

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The ninth parliamentary election, though fixed for January 22, 2007, was troubled from the

beginning. Even before the election dates were announced, the opposition parties were

complaining of foul play in the election process. The controversy centered on the

appointment of Chief Advisor of the Caretaker Government. As per Constitution, Justice KM

Hasan, the last retired Chief Justice of the Supreme Court was to be the Chief Advisor of the

caretaker government. But, opposition parties objected to Hasan’s candidature primarily

due to his proximity with Bangladesh Nationalist Party (BNP)—the government had

increased the retirement age of Chief Justice from 65 to 67 by amending the Constitution in

2004 to allow Hasan to head the caretaker regime. Hasan quietly withdrew himself and

became incommunicado. The opposition parties suggested few other names but with BNP

refusing to accept any of the names, it was left to the Army to move in and occupy the

political space. When the Khaleda Zia government completed its term in the midst of chaos

and violence, President, Iajuddin Ahmed quickly stepped into the void and declared himself

as the Chief Advisor overlooking all other options available in the Constitution. As per the

Constitution, the President can become the Chief Adviser of a Non-Partisan Caretaker

Government in addition to carrying out his own functions only when he has tried all other

alternatives available besides the situation has to be exceptional.

The trouble began soon after Iajuddin-led Caretaker Government took charge; Awami

League went on a protest mode following the government’s refusal to rectify some of the

partisan measures of the previous BNP government. The Opposition also accused the

President of pursuing policies of the BNP government, instead of acting neutrally. The

institution further deteriorated on the issue of the removal of Chief Election Commissioner

who was accused of favoring BNP. The Opposition was miffed when the election dates were

announced and they intensified their protests, demanding immediate postponement of the

elections. On January 7, the 14- party Opposition alliance led by Awami League (AL)

decided to boycott the elections. This isolated BNP and undermined the legitimacy of the

ninth parliamentary election. Large-scale violence erupted across the country, forcing

President Iajuddin to impose emergency on January 11 and resign from the post of Chief

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Advisor of the Caretaker government. Thus, a new chapter was added to Bangladesh’s

tumultuous history on 1/11, as the event is popularly referred to.

On January 12, 2007, Dr.Fakruddin Ahmed, renowned economist and former Bangladesh

Bank Governor, was appointed as the Chief Advisor of the military-backed caretaker

government. Although people were not overjoyed by the move, it brought a sense of relief

from the continuing violence.

3.3 Caretaker Government in last Period (2006-2008): A blessing or Cruse

Because of various activities of the past caretaker government the idea of this government

has been criticized. It is true that this government comes into power and able to stabilize

the violent situation of politics but it has been said that the past regime of caretaker

government was military-backed where there is a little scope of practice of democracy.

Because of various activities of last caretaker government, people and political parties

have to think about the abolishment of this government.

3.3.1 Constitutional Validity of the Military-backed Government

Dr. Fakhruddin Ahmed’s government was the country’s third caretaker government since

October 2006.19 This government enjoyed the mandate of the Bangladesh Army. The main

objective of the government as declared by Fakhruddin Ahmed (on January 11, 2008) was

to hold free, fair and credible election. The Constitutional validity of the government,

however, was questionable. As per Bangladesh’s Constitution, “a Caretaker Government

should have been constituted within 15 days of the dissolution of the Jatiya Sangsad and

should be in a position to hand over powers to a duly constituted popular government

within 90 days after the dissolution of the previous parliament.”2. Hence, already, this

government has completed the stipulated time limit that qualifies itself to be a caretaker

government. However, observers of Bangladesh’s politics suggest that since the main

objective of this government is to hold election, therefore, it can be called a caretaker

19 As first caretaker government was not constitutionalised

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government. This is one of the distinctive features of this government. Unlike previous such

caretaker regimes, the present government’s administrative and development initiatives

also show a determination to prevent the country from slipping another round of chaos

and violence and to hold a credible and fair election.

3.3.2 Achievements of Government:

The law and order situation certainly improved. There were no major incidents of hartal

(protests), strikes and political violence. Establishment of Anti Corruption Commission

(ACC) and similar actions against corruption have drawn public support. The prosecution

of some of the high and mighty in corruption cases has encouraged public support for the

actions of the government.

The reconstitution of a non-partisan Election Commission has added to the government’s

credibility and image. The government has also worked on separating Election Commission

Secretariat from the Prime Minister’s Office.

There has been a major change in the election system as the caretaker government has

introduced Voter ID cards (with photograph) for the first time. The Bangladesh

Army including members of other military forces were deployed throughout the nation

including the remotest areas. They were equipped with laptops, and small digital

cameras in an effort that would result in the most orderly voter's list in Bangladesh's

history

Another development that has gone down well with the people was the government

decision to come down heavily on the extremist groups and leaders. The militant leader of

Jamaatul Mujahideen Bangladesh (JMB), Bangla Bhai and five of his associates were

executed in March end 2007. The government also took measures to streamline the power

sector, improving the power generation and distribution much to the relief of the ordinary

people.

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3.3.3 The Backside of Caretaker Government:

Despite of such positive development, the government faced some criticisms, specially,

dealing with political parties, daunting economic situation and the overwhelming influence

of the armed forces.

3.3.3.1 Politics under the Caretaker Government:

Politics in Bangladesh remained tightly under the leash of the military -backed caretaker

government. Political parties and the caretaker government remained at loggerheads on

various issues. The government was accused of adopting a vindictive attitude towards

them parties that, they argued, would be detrimental for the restoration of democracy in

the country.

The government had banned all political activities, forcing the political parties to the

sidelines. The government also attempted to neutralize the power of two major parties, AL

and BNP, by declaring a policy that it called the ‘Minus Two Formula’, which meant sending

AL chief, Sheikh Hasina and BNP chief Khaleda Zia on exile. This move however failed after

Khaleda refused to leave the country. Though Hasina had left the country, she managed to

force her way back .The government, however, did not give up its determination to

neutralise the two parties and ordered the arrest of Hasina and Khaledad in June and

September 2007 respectively on charges of corruption.

The government also came under criticism for pushing for reforms in the political parties.

This raised heckles in the political circles which questioned the government’s authority to

call for such actions. Though Awami League remained united against any such move, there

were differences within BNP over the issue. The government supported the rebel group

and encouraged it to split.

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3.3.3.2 Role of Military in that Government:

The government remained in the shadow of the Army though the caretaker government

was at points to give the impression that it remained free of the Army, it was Army Chief

Moeen Ahmed who was ultimately calling the shots, and Chief Advisor Fakhruddin

remained a puppet of the Army.

.

The Army Chief had become the most visible face in the country’s newspaper and his

photographs were regularly published. His comments on several non-military issues -

“What should the nature of democracy in the country? How should economy be working?

How and when the emergency to be lifted?”- got equal or more importance than that of

Chief Advisor’s. Many ex-Service officials mostly ex-Army officials were given important

positions in the government. The military also involved itself in issues like sale of food

items to the poor, organizing voters’ registration and coordination of relief after the

devastation of cyclone in November, 2007.

In fact, Army’s dominance in the government has raised concern about the prospect of

democracy in the country. The government was heavily criticized for sending intelligence

officials to the house of the professors who were arrested in August 2007.

Though the Army Chief had declared that he was not keen on grabbing power, it has been

met widespread skepticism. People fear that the Army might just stay back in the saddle

and delay the restoration of democracy.

3.3.3.3 Economic Situation Under the Government :

The economy fared badly. Inflation crossed more than 11%. A declining trend was noticed

almost in all sectors of the economy. Industrial investment, volume of agricultural product

and exports were affected mostly. No fresh job opportunities were created and the prices

skyrocketed. The foreign and native investment were goes nearly zero as most of the

investor are not sure about what will happen in future. Foreign aid was also decreased as

one of main preconditions of most of the donor agency, the practice of democracy was

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absent here. Moreover every work or investment was checked and analyzed by the

intelligence agency, which also hampered the investment. The industry blamed the

government for the down spiral; they said it was caused by the prevailing sense of

uncertainty and the government’s crackdown on corruption.

The government also came in for criticism for its failure to control the prices, which

affected the common people the most.

3.3.3.4 External relations in the Regime of the Government:

The caretaker government enjoyed support and recognition from major powers. In fact,

envoys of the United States and Great Britain played influential role in 1/11. It received

generous support and aids from the international community to deal with two floods and a

cyclone in November 2007 that devastated the country. But later their support began to

decrease and the governments of those countries were criticized for supporting the

military backed government of Bangladesh.

Other significant events that influenced the country’s external relations like - arrival of the

US Marine to help Bangladesh to carry out relief and rescue operations after the Sidr

Cyclone in November 2007. Bangladesh’s Foreign Affair Advisor, Iftekhar Ahmed’s visit to

Russia, primarily to seek help in setting up a nuclear power plant, and irritants in the

relations with Malaysia over the migrant labor issue.

Throughout the chapter, we have captured the definition, history and activities of caretaker

government in Bangladesh. The last regime of caretaker government was mostly discussed

because of activities of that government. In a summary it can be said that in the time

between 2006-2008, under that caretaker government the country was ironically handled

and many structural development was taken places, though there were little practice of

democracy.

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Chapter Four: Obtaining the Peoples View- The Field

Survey

4.1 Introduction:

In this chapter the views of general people were stated which was taken from them by a

semi structured questioners20. They answered total eight questions and the basis of the

answer of their questions there forms a conclusion.

First question, to them was “what importance does Caretaker Government have in order to

have a fair election in Bangladesh?”

Fig: what importance does Caretaker Government have in order to have a fair election in

Bangladesh

Have Importance Have No Importance Don’t Know

Where, we can see most of students are in favor of caretaker government, which is 87.5%.

Only 12.5% of them think that there is no necessity of caretaker system. Therefore,

majority of young generation think that caretaker government is must for a fair election in

Bangladesh. To them, it is true that caretaker system is necessary for holding a free, fair

20 See Appendix

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election but EC is mainly responsible for this job. But in Bangladesh most of the time the

outgoing party tries to enforce the EC. So most of the students are in favor of caretaker

system.

The next question to them was “Caretaker Government is how much impartial than

political government in order to provide fair election?”

Fig: Caretaker Government is how much impartial than political government in order to

provide fair election.

Totally Impartial Politically Biased Don’t know

There were total 40 respondents. Among them 42.5%, students said that caretaker

government is impartial, but 45% do not think in the same way. Their opinion is that the

caretaker government can also be partial to a special political party.

The last retired chief judge was selected as the chief advisor of the caretaker government.

The main task of caretaker government is to provide fair, neutral and impartial election. It

is the trend of political parties of this country is to win the election by influencing the

election process. To respondents’, it is true that caretaker government is more impartial

than political one in providing fair election. But as the selection of chief judge was not free

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from politicization, that’s why most of the respondents think that the caretaker

government is not totally impartial.

The third question was “For the stability of political situation what role Caretaker

Government can play?”

Fig : For the stability of political situation what role Caretaker Government can play

Very Important Role Important Role Do not Play Any Role

In third question, we can see that 50% students think caretaker government plays a

important role for the stability of political situation, where 30% thinks think that caretaker

government has played very important role in the politics of Bangladesh. In this case,

majority of them think that the role is important. Rest of them said caretaker government

does not play any role about the stability of political situation.

Most of the students think that caretaker government plays a important role for the

stability of political situation. First caretaker government established for the transition

from authoritarianism to democracy. In that situation there is no alternative of this type of

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government. That’s why 30% think caretaker government has a big role to play. Where

50% gives their opinion that caretaker government has a important role in the stability of

politics. To them, for 1/11 incidence the caretaker government has been criticized, but it is

also true that only this caretaker government was able to neutralize the situation. Again

12.5% think that caretaker government does not play any role for the stability of political

situation. To them, if caretaker government played any role the various notorious

incidences after 1/11 would not taken places.

The Fourth question was “Does the caretaker government able make any impact on the

political practice of Bangladesh?”

Fig : Does the caretaker government able make any impact on the political practice of

Bangladesh

Improved the situation Able to improve situation Create disturbance Pretty much but not much in political practice

Only 22.5% students said that caretaker government system is able to improve the

situation pretty much, however, 67.5% think that the situation has been improved during

caretaker tenure but not much. The rest 10% ones said this system created disturbance for

normal political practice

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If the election was not taken place under the caretaker government, the hostility among

will increased and that will create massacre in political practice. To them, because of the

lack of political belief among political parties, there is no alternative than caretaker

government. Past four elections was taken place under the caretaker government which

was mostly accepted by all which shows success of the government in improving political

situation. But most of peoples view that the caretaker government only comes in power to

make the election happen, what else will be happen to the political situation is not their

concern.

The Fifth question was” Caretaker Government comes in power for three month to give a

fair election, is it enough time to provide a fair election?”

Fig : Caretaker Government comes in power for three month to give a fair election, is it

enough time to provide a fair election

Time is enough Time should be increased Time should be decreased

53.75 % respondents said three month is enough to give a fair election, because to them

more time in government will make them greedy for power and that may have a harmful

effect on the politics. Here they took the example of last caretaker government, .whereas

30%students said time should be increased, because three month is a short period to give a

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fair election. Here the logic is for a fair election there are so many work to be done like –

renew the voter list, selection of officers, and arrange various training for the election

officers. 16.25% said time should be decreased, may be the bitter experience of last

caretaker government is the reason for this.

The sixth question to them was “Is the selection of chief advisor of Caretaker Government is

impartial?”

Fig : Is the selection of chief advisor of Caretaker Government is impartial

Yes No don’t know

16.25% students of 80 said the selection is impartial. The majority, 72.50% students said it

is partial. Who believes it is impartial as the act of the selection has been described by

constitution, so here is no chance of political influence. However, in practice, we see chief

justices are not neutral politically and in 2006, we have seen that by increasing the retiring

age of chief justice it is possible to select a political chief adviser. For this reason majority

thinks the selection is partial. But important thing is that though most of respondents

thinks that the selection of the advisor of caretaker government are on impartial but they

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are in favor of caretaker government as to them in most of the cases the advisors have the

sense of impartiality which is absent in political government.

The seventh question to them was “Is the number of advisor of Caretaker Government is

enough to do the entire task?”

Fig : Is the number of advisor of Caretaker Government is enough to do the entire task

Enough Should be increased

65% students said number of adviser is enough to do the entire task. The rest 35% think it

is not enough. May be the reason is caretaker government has to do the normal job of so

many ministry and also to help the EC to hold a free and fair election, which is not so easy.

Therefore, a portion of the respondents think that the number of adviser should be

increased

And the last question was an open question to them, where the initiatives to strengthening

the caretaker government had been asked. In answering that question most of the

respondents said that the power and tenure of caretaker government need to specified

more clearly. Though it stated in constitution that the tenure of caretaker government is

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90days but the rules was broken in last regime of caretaker government. Again many of

them asked the question about the measurement of impartiality, in 58(c) act of constitution

it has been stated that the advisor of caretaker government should be impartial, what

criteria will make them impartial should be defined clearly. And as the chief judge take the

responsibility of chief advisor of caretaker government, so the selection process of chief

judge need be free from politicization. All this initiatives may able to make the caretaker

government stronger.

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Chapter Five: Conclusion & Recommendation

5.1 Findings & Recommendation

Again I am saying that by the 15th amendment of constitution the caretaker government

was abolished which was constitutionalised by 13th amendment of constitution. The both

establishment and abolishment is happened through the constitutional way, then which

one is better?

The caretaker government is appointed for a fair election though the country has an

election commission. So my first recommendation will be related on election commission.

From literature it has been seen that-21

Election commission has the responsibility perform all the activities of election. In

constitution’s 7th part it is clearly defined that all electoral responsibilities goes to the

election commission not the caretaker government. Again by constitutional act 58(b),

58(c0, 58(d) the election commission is made autonomous though hardly the commission

is able exercise its autonomy power because of fallacy of the constitunal rules. The election

secretariat was connected to the prime minister office, for that it is impossible for them to

work independently without the influence of prime minister. So like judiciary this

secretariat needs to separate from legislative part.

Again counting votes, forecasting result in every election area is done by the bureaucrats of

that area, for example in district it is the responsibility for deputy commissioner to

supervise the whole election process. But most of the bureaucrats are politically biased. So

if they do any wrong in the election the election commission has no power to punish

him/her immediately. But the caretaker government use armies to make the election

situation peaceful, whose are bound to answer to their authority if any bad incidence

happened. So before abolishing the caretaker government the policy makers need to look at

this issue.

21 Bangle

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The structural situation of election commission is not strong enough to perform a huge

duty like election. So in a word before abolishing caretaker government the election

commission need to stronger both in structure and power to perform such a burden like

election. Till that we need caretaker government. But there also need some rules of

caretaker government which is needed to be changed.

Firstly, actually in how many days caretaker government will have done all its activities is

not clear enough. It is stated in constitution that in 90 days the government will have create

the preferable environment for election but there is a eye wash in the rules as in last

caretaker government regime the government said that there is no favorable political

situation for election, so that they need to be in power for few more days.

Secondly, as chief judge appointed as the chief advisor of caretaker government so the

process of selecting chief judge should be apolitical.

5.2 Conclusion:

Historically it is true that the political history in Bangladesh is not so trustable that it is

possible to have a fair election under elected government. Past four elections was

happened under the caretaker government. There were some debates about the

impartiality of result of the election but most of the people and other international agencies

were accepted the result. It has been asked to the amicus curie22 of supreme court that

what was their opinion about caretaker government in order to fair election, 90 % of them

said that accounting the present situation in mind caretaker government have a role to play

but in future the system need to be abolished as it is not goes to the motto of 1972’s

constitution.

22

See Appendix

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So to me at present the country has necessity of caretaker government for a fair election

and the possible solution on the issue of caretaker government will be-

“because of the past experience of caretaker government and as it is against the actual

theme of constitution, the caretaker government should be banned but concerning the

country and its current situation, for fair election this government should validate for next

two elections, after that the system will abolish. ”

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Appendix:

Semi structured questionnaires:

What initiative can made caretaker government

more effective and stronger and how?

Structured questionnaires :

What importance does Caretaker Government

have in order to have a fair election in

Bangladesh?

1. Have importance

2. Have no importance

3. Don’t know

Caretaker Government is how much impartial

than political government in order to provide

fair election?

1. Totally impartial

2. Politically biased

3. Don’t know

For the stability of political situation what role

Caretaker Government can play?

1. Very important role

2. Important role

3. Do not play any role

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Does the caretaker government able make any

impact on the political practice of Bangladesh?

1. Improved the situation pretty much

2. Able to improve situation but not much

3. Create disturbance in political practice

Caretaker Government comes in power for three

month to give a fair election, is it enough time to

provide a fair election?

1. Time is enough

2. Time should be increased

3. Don’t know

Is the selection of chief advisor of Caretaker

Government is impartial?

1. Yes

2. No

3. Don’t know

Is the number of advisor of Caretaker

Government is enough to do all the task ?

1. Enough

2. Should be increased

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References:

1. Umar, Badaruddin (2010), The History of Caretaker Government in the Military Era

2. Nazrul, Asif 2008, Emergence of Caretaker Government

3. The Constitution of Bangladesh

4. Hoque, Masudul, A.K.M. 2009, Emergency Power and Caretaker Government

5. The Daily Prothom Alo Archive

6. The Daily Star Arcive

7. The Daily ittefaq Archive

8. http://en.wikipedia.org/wiki/Caretaker_government

9. Banglapedia : Caretaker Government