1 | Page 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: 24 th May, 2012
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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
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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
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