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A unique feature of the Constitution of
Bangladesh is the provision of holding general elections under a neutral,
non-party Caretaker Government. The concept of Caretaker Government was the
choosing of the major political parties designed to secure people's
franchise so as to ensure peaceful transfer of power. It was adopted in the
form of Thirteenth Amendment to the Constitution. The amendment provides
that the immediate Chief Justice would be the Head of the Caretaker
Government. If such retired Chief Justice is not available or is not willing
to hold office, then the person who among the retired Chief Justices retired
just before the last retired Chief Justice will become the head of the
Caretaker Government. If no retired Chief Justice is available or willing to
hold the office, then the person, who among the retired judges of the
Appellate Division retired last will head the Caretaker Government. If such
person is not available, the person who retired as Appellate Division Judge
before the last retired judge will be the head of the Caretaker Government.
If no such person is available, the President shall, after consultation as
far as practicable, with major political parties, appoint the Chief Adviser
from among the citizens of Bangladesh who is qualified to be appointed as
Adviser. The tenure of such a Caretaker Government will begin three months
before every general election. Through this system the people of Bangladesh
got back their lost right to vote freely and independently without the
pressures of the reigning government.
* Excerpted from resources of Bangladesh Embassy in
Washington D.C.
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