Assumption of the Office of Chief Adviser of Non-Party Caretaker Government in Bangladesh: A Critical Politico-Legal Analysis

Abstract

Allegation of electoral rigging is a common phenomenon in Bangladesh. This allegation became acute in the reign of autocratic H.M. Ershad. Hence the Non-party Caretaker Government was instituted on the basis of consensus of political parties with the fall of H.M. Ershad in 1990 for holding free, fair and neutral poll. By and large the Caretaker Governments of Justices Shahabuddin Ahmed, Habibur Rahman and Latifur Rahman performed their desired goal. In 2006 crisis arose as to the appointment of the Head of Non-party Caretaker Government because of enhancement of the age of Justices of the High Court by 14^th Amendment. It is supposed that this amendment was intended to employ a person having leaning to out going government as the head of Caretaker Government. Thus stormy opposition surfaced against the appointment of head of Caretaker Government. In the last days of out going government chaotic and anarchic situation arising out of uncompromising stand of the outgoing ruling parties and the opposition forced the President to take over the office of Non-party caretaker Government. This study is intended to analyse legal and political scenario that made the unconstitutional step of President constitutional.

Keywords: Non-party caretaker Government, free and fair election, election commission, opposition demand, neutral person, movement, violence, crisis