Dhaka, Dec 17, (V7N) - After the High Court's verdict on the caretaker government system, there is growing curiosity among the public regarding how and when this will be incorporated into the constitution. Discussions have also emerged about the potential framework of the upcoming general election if held under a caretaker government, and whether the past controversies surrounding this system will resurface.

Legal experts suggest that details will become clearer after the full verdict on the fifteenth amendment is published. Some believe that a review petition regarding the cancellation of the caretaker government system is still under appeal in the Appellate Division, with hearings expected in the third week of next month. Once resolved, these questions regarding the caretaker government will be clarified. Others argue that the caretaker government system has effectively been reinstated by the ruling on the fifteenth amendment. However, the country’s chief law officer claims that the current interim government could transition into the caretaker system.

Constitutional expert Dr. Shahdeen Malik mentioned that it will take time for the full verdict to be issued. While a brief ruling has been given, the review petition regarding the thirteenth amendment is still pending. He noted that once both verdicts are issued, the court's direction will clarify how the election will be held and under which system. The ruling will also need to be incorporated into the constitution, making it impossible to activate the caretaker system until then. He emphasized that this ruling reflects the public’s expectations, which is a positive development.

Since the fall of the autocratic regime of Ershad in the 1990s, there has been intense political disagreement over the country's electoral system. While various political parties have clashed on the streets, a permanent solution has remained elusive. However, the non-party caretaker government system was deemed acceptable both domestically and internationally after being implemented in the fifth, seventh, eighth, and ninth parliamentary elections. This system was later abolished by the then Awami League government through the fifteenth amendment in 2011.

After the verdict was announced on Tuesday, Supreme Court lawyer Monzil Morshed pointed out that part of the fifteenth amendment had been declared illegal by the court, and it will be clear how this will be implemented once the full verdict is available.

Another constitutional expert and Supreme Court lawyer, Ahsanul Karim, stated that the High Court had declared the provision abolishing the caretaker government system illegal. As a result, the caretaker system will automatically be reinserted into the constitution. He also mentioned that the provision for a referendum could be revived, along with other specific issues addressed by the court, which will also automatically become part of the constitution.

The petitioner’s lawyer, Sharif Bhuiyan, remarked that a major obstacle to the return of the caretaker government system has been removed, but it cannot be said to have been re-established yet, as it was abolished both by a Supreme Court ruling and a constitutional amendment.

Attorney General Mohammad Asaduzzaman stated that the caretaker government system is not unconstitutional, as the ruling confirmed its constitutional legitimacy. He suggested that the current interim government could be renamed as the caretaker government. He clarified that no constitutional conflict would arise as the same people in the interim government would assume the caretaker government role.

In response to questions, the Attorney General also commented on the review petition in the Appellate Division, which could potentially affect the return of the caretaker government. He explained that since the fifteenth amendment had eliminated the caretaker system, the current status may remain until the approval of the Appellate Division is obtained for the upcoming elections.

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