Caretaker government in Bangladesh and different countries
INTRODUCTION
Bangladeshi Non-party caretaker government is the one of the more interesting constitutional innovations of recent times. Chapter IIA of Bangladeshi constitution covers this part. Thirteen amendment bill to the constitution on March 26, 1996 incorporating the provisions of care-taker government. A caretaker government is one which normally takes care of the routing administrative work of the government for an interim period until the regular new government is formed. In Bangladesh, after end of the period of a regular government when the parliament dissolves, then a caretaker government forms as a transformation period government for organizing a general election which will be free and fair. The caretaker government is the non-party platform for the election. They don’t able to form any kind of policy and don’t able to give policy related decision. Free and fair election is their one and only ultimate goal of this government. The caretaker government will dissolve on the day, when new elected prime minister will take his or her office.
When parliament dissolve after the end of the term of a government, then the Caretaker government forms by headed with the chief advisor. This government is accountable to the president. There will be not more than ten other advisors in the government. The chief advisor and other advisors have to be appointed within fifteen days after the parliament dissolved. Up to before that appointment, the previous ruling government will continue country’s regular administrative job. President will appoint the chief advisor.
All the other advisors are appointed by the president on the advice of the chief advisor. They have to be qualified as a parliament member, not affiliated with any political party, give it written that they will not stand for the election, and not more than seventy two years of age. The chief advisor will get the status of prime minister and other advisor will get the status of minister. They will not able to take any kind of policy related decision, just able to continue the routine tusk. They will give the government the full support about the peaceful and fair election and give power to elected government with in 90 days of taking power.
1.1 What Is Caretaker Government?
Caretakers, similarly, are individuals who fill seats in government temporarily without ambitions to continue to hold office on their own. This is particularly true with regard to United States Senators who are appointed to office by the Governor of their state following a vacancy created by the death or resignation of a sitting senator. Sometimes governors wish to run for the seat themselves in the next election but do not want to be accused of unfairness by appointing themselves in the interim. Also, sometimes they do not wish to be seen as taking sides within a group of party factions or prejudicing of a primary election by picking someone who is apt to become an active candidate for the position. At one time, widows of politicians were often selected as caretakers to succeed their late husbands; this custom is rarely exercised today, as it could be viewed by some as nepotism.
A caretaker government rules temporarily the State. A caretaker government is often set up following a war until stable democratic rule can be restored, or installed, in which case it is often referred to as a provisional government. In some countries (including Australia and New Zealand) the term is used to describe the government that operates in the interim period between the normal dissolution of parliament for the purpose of holding an election and the formation of a new government after the election results are known.
Caretaker governments may also be put in place when a government in a parliamentary system is defeated in a 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.
1.2 The Objectives of Caretaker Government
1.2.1 Not hold the office permanently: Tofill seats in government temporarily without ambitions to continue to hold office on their own.
1.2.2 Interim period Government: These types of government are selected to hold the office for an interim period between two parliamentary elected governments.
1.2.3 Routine Work: A caretaker government is one which normally takes care of the routing administrative work of the government for an interim period until the regular new government is formed.
1.2.4 Organizing an election: The Non-party Caretaker Government are selected with the prime concern to organize a free and fair election.
1.3 Formation of Caretaker government When Arise?
According to the provisions of the 13th Amendment the question of formation of caretaker government will arise in the following two situations:
1.3.1 If Parliament was dissolved for any reason a caretaker government shall be appointed within 15 days after such dissolution.
1.3.2 If Parliament stands dissolved, a caretaker government shall be appointed within 15 days after such dissolution
1.4 Caretaker Government and Elected Government
1.4.1 A caretaker government rules temporarily the State. On the other hand elected government rules the state moreover permanent in nature.
1.4.2 A caretaker government holds the office for a very shorter period and elected government holds the office of the government for a longer period.
1.4.3 The caretaker government prime duty to organize a free and fair election. On the other hand an elected government after electing he has to perform all the necessary duties to the citizens of that country.
1.4.4 A caretaker government has no obligation to answer the any quarries at the time of holding of such office. On the other hand, an elected government should answer the all sort of quarries at the of holding his office
1.4.5 The non-party caretaker government is selected by the provisions of the Constitution and elected government is elected from the votes of the citizens who attain the age of the majority.
Historical Background of Caretaker Government
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.
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. 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 was first introduced in 1990 when three party alliances jointly made a demand for it. It was constitutionalized in 1996 by the Parliament dominated by Bangladesh Nationalist Party. 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. Since 1996, the Caretaker government has held the elections of 1996, 2001 and 2008.
Caretaker Government In the parlance of institutional government, a caretaker government is one which normally takes care of state administration for an interim period until the regular new government is formed. In established parliamentary system, there is a convention of transformation of the outgoing government into a caretaker government for the time being before the holding of general election. Such temporary government exists only to perform day to day administrative jobs, and is not supposed to deal with policy initiating functions which may influence the election results. During the period the caretaker government maintains neutral status for ensuring free and fair general elections. In the parliamentary framework, after the dissolution of one ministry, the practice of establishing caretaker government for organizing general polls has been observed in all democratic countries.
2.1 Caretaker government of 1990
Because of tremendous political pressure and protest of three different fronts in late 1990 dictator Ershad have to dissolve his government and handover the power to the care taker government. Then there was no option like caretaker government in the constitution on that time. So all parties decided, Ershad have to appoint a neutral and non-partisan person as Vice-President acceptable to the three alliances and other parties under article 51(A) clause 3, article 55(A) clause 1 and article 51 clause 3 of the constitution. After his resignation President Ershad has to hand over power to the Vice-President, who will become the head of the caretaker government as the acting President. The interim care-taker government shall hold a free and fair election for a sovereign parliament within three months’ time of its installation. According to that former chief justice Shahabuddin Ahmed appointed as vice-president, and he become the acting president and chief advisor of caretaker government. Seventeen advisors were appointed on that time. They arrange a free and fair election and BNP form the government by owning the election.
In Bangladesh the demand for neutral caretaker government largely originated from a lack of general agreement among the competing parties to maintain legitimate means of changing government and uphold unbiased election system. During the pre-independence days, the elections of 1954 and 1970 were widely acclaimed as fair polls having significant impact on the people’s movements which ultimately led to the emergence of sovereign Bangladesh in 1971.
In the period since independence, there was, however, a gradual public alienation from the election process owing to alleged electoral malpractices. As such, election results were always a foregone conclusion rendering no positive effects on the political process. The crisis of people’s confidence in the stage-managed election system reached its peak during the rule of General hussain m ershad. Restoration of democracy through fair polls was ultimately transformed into a united anti-Ershad movement by the combined opposition parties with a forceful demand for a neutral caretaker government. Opposition formula for the formation of neutral caretaker government was categorically mentioned in the 1990 Joint Declaration of the Three (political) Party Alliances. The Declaration specified inter alia that the political alliances would participate in the elections only when conducted by a neutral non-partisan caretaker government; but before that Ershad government would have to be forced to resign and an interim caretaker government would be formed; thereafter, election commission would be reconstituted by the caretaker government to hold free and fair election.
In the face of the anti-government public outburst and mass upsurge, General Ershad had to yield to the movement. As such the framework for the formation of caretaker government advanced when the Joint Declaration was translated into reality on 6 December 1990 through the handing over state power to the nominee of the combined opposition Justice shahabuddin ahmed, the chief justice of Bangladesh. Earlier, the then Vice President Moudud Ahmed resigned and Justice Shahabuddin Ahmed was installed as the Vice President. Then General Ershad stepped down from the presidency giving his charge to the Chief Justice emerging as the country’s Acting President and head of the neutral caretaker government. Subsequently, 17 Advisers of the caretaker government were appointed.
It may be mentioned that the neutral caretaker government of 1990 was constituted without any prior constitutional amendments. It was understandable that there was indeed a difficulty in convening the existing jatiya sangsad owing to shortage of time. The caretaker government of Justice Shahabuddin Ahmed, however, had the basis of support from the general people and parties and thus the legality of its activities was never questioned. All measures taken by the caretaker government were thus subsequently ratified in 1991 by the popularly elected Fifth Jatiya Sangsad.
2.2 Caretaker government, 1996
In 1990 the demand for caretaker government was raised by the mainstream opposition political parties with the immediate objective of removing Ershad government from power and restoring democracy through fair polls. Thus any future necessity for such caretaker administration during elections was not considered by the Joint Declaration of the opposition. Although there was a proposal from the left parties for conducting subsequent three elections under a caretaker government, this was not supported by the two major parties, awami league and bangladesh nationalist party (BNP).
In 1991, the restoration of parliamentary system on the basis of consensus marked a positive development. But soon disagreements on major national issues, mutual intolerance and lack of trust among the competing parties confirmed that the issue of caretaker government became the central theme of Bangladesh politics only two years after the reintroduction of parliamentary democracy. The opposition through sustained boycott of the Sangsad and frequent hartals tried to force the ruling party to accept their demand.
At the initial phase of their movement, opposition parties did not have unanimity with regard to the framework of the proposed caretaker government. This was visualised by three separate bills submitted by the jamaat-e-islami bangladesh, Awami League and jatiya party to the parliamentary secretariat in 1991, October 1993 and mid November 1993 respectively. The essence of these bills was more or less similar, but differed on selection of the head of the caretaker government. While Awami League was in favour of appointing the Chief Justice as the head of the interim government, Jatiya Party proposed for selecting a neutral person as the head of the caretaker government, and Jamaat-e-Islami demanded for forming an advisory council headed by a neutral person to be appointed by the president. These bills, however, were not placed in the Jatiya Sangsad because of opposition boycott of the Sangsad and government’s reluctance to consider the case. This made the three major opposition parties to come closer and materialise their caretaker demand through agitation and hartals. To press the ruling party, they went to the extent of submitting en masse resignation of 147 opposition parliamentarian on 28 December 1994.
In the face of continuous agitation of the combined opposition, the Fifth Sangsad was dissolved and preparations were underway for forming the Sixth Sangsad to enact constitutional amendment for caretaker government. Having failed to convince the mainstream opposition, the ruling BNP moved unilaterally to legalise the caretaker government after the Sixth Jatiya Sangsad was constituted on 19 March 1996. Thus on 21 March 1996 the Thirteenth Amendment bill was raised in the Sangsad, and on 26 March 1996 it was passed by 268-0 vote.
With the passage of Thirteenth Amendment, Articles 58(B) (C) (D) (E) were included in the constitution which keep the following major provisions regarding caretaker government: (a) after the dissolution of the parliament there will be an 11-member non-party caretaker government headed by the Chief Adviser; (b) the caretaker government will be collectively responsible to the President; (c) the Chief Adviser will be appointed by the head of the state while other ten Advisers will be selected as per advice of the Chief Adviser; (d) the Chief Adviser will hold the status of prime minister while an Adviser will enjoy the status of a minister; (e) the non-party caretaker government will discharge its functions as an interim government and will carry on routine jobs, except in the case of necessity it will not make any policy decisions; (f) the caretaker government will assist the Election Commission to hold general polls impartially, fairly and peacefully; (g) this caretaker government will be dissolved on the date a new Prime Minister assumes his office.
After formalising the measures for caretaker government and in the midst of massive opposition agitation, the controversial Sixth Jatiya Sangsad was dissolved on 30 March 1996. Subsequently a caretaker government was formed under the Thirteenth Amendment and the former Chief Justice, Justice muhammad habibur rahman, took over the charge as the Chief Adviser. Four days later on 3 April 1996, ten distinguished personalities were sworn in as the Advisers of the caretaker government. The caretaker government successfully discharged its duty of holding the free and fair seventh constitutional parliamentary election on 12 June 1996, and continued in office till 23 June 1996, when the newly elected Awami League led by sheikh hasina formed the government.
Caretaker government of 1991 was mutual political solution for a critical political transformation. But the caretaker government of 1996 was an essentiality to go along with the constitution. Sixth national parliament was dissolved on 30 March, 1996. So a caretaker government forms under the thirteenth amendment headed by former justice Md. Habibur Rahman as the chief advisor on that day. For days later ten other advisors were appointed. They arrange an election on 12 June which was won by Awami League and handover the power on 23 June.
2.3 Caretaker government of 2001
Following the provision for caretaker government through Thirteen Amendment of the Constitution the third caretaker government was formed on 15 July 2001 and the former Chief Justice, Justice Latifur Rahman, took over charge as the Chief Adviser. After two days, ten Advisers of the caretaker government were sworn in. The caretaker government discharged its prime duty of holding the eighth parliamentary election on 1 October 2001, and continued in office till 10 October 2001 when the new elected BNP government led by begum khaleda zia assumed state power.
The neutral caretaker governments of Bangladesh had been the products of intense opposition movement centering on the forceful demand for free and fair general polls. By legalizing caretaker government through Thirteenth Amendment of the Constitution in 1996, Bangladesh has founded a unique example in the existing parliamentary systems.
The third caretaker government was formed on the day, 15 July, 2001 according to the thirteenth amendment. The former Chief Justice Latifur Rahman was appointed as the Chief Adviser. After two days, ten other Advisers of the caretaker government were also appointed. The caretaker government re-shuffled the total administration for neutral election. Arrange the eighth parliamentary election on 1 October 2001, and BNP own the election as four-party alliance with two third majority and formed government 10 October 2001.
2.4 Caretaker Government of 2006-08
The Bangladeshi general election, 2008 [national election of Bangladesh]] was held on 29 December 2008 under the Caretaker government formed with Dr. Fakhruddin Ahmed as the Chief Adviser on 13 January 2007.
This was the third Caretaker government formed after the tenure of the government of prime minister Khaleda Zia ended in October 2006. The Caretaker government of Dr. Fakhruddin Ahmed functioned without legislative authority as it continued to function after its scheduled tenure of 120 days ended on 12 May 2007. All decisions taken after this date must be ratified by the parliament for the sake of legitimacy.
A new caretaker government was by headed Fakhruddin Ahmed as the chief advisor. Basically it was an army backed government. This government administrates the country almost for two years, takes so many reform programs, and started war against corruption. But this army backed caretaker government become very much questionable during their 2nd year of running period because of their unethical attempt to form new political party by breaking the existing political parties and doing corrupting to prevent corruption. They arrange an election on 29 December, 2008. Awami league won that election and formed government on 10 January, 2009
The Caretaker government of Dr. Fakhruddin Ahmed was a military controlled and has made extensive use of the military to stymie the chaos that preceded the 11th of January, 2007. From the very outset however, the government made it clear that they were there not only arrange a free and fair election, but also to make sure that all aspects that are connected to it are reviewed properly. This meant major reforms in the election system, but also making sure that corrupt candidates could not take part in the election.
The task was however an enormous one, since Bangladesh is regarded as one of the most corrupt nations in the world. Therefore, the government had exceeded its mandated term, which according to the constitution allows it to stay only for 90 days.
In defiance of the Constitutional provision the Caretaker government of Dr. Fakhruddin Ahmed postponed the national election 29 December 2008.
After the five years of term of BNP government, country was moving towards 9th parliamentary election. But unbelievable amount of manipulation of the caretaker government, Election Commission, voter list, and the administration created a politically volatile situation in Bangladesh. Awami league and other opposition party didn’t want to see justice Hasan ac the chief of caretaker government, at that time bypassing the entire different alternatives president Iajuddin Ahmed declared him as the chief advisor of caretaker government. President was appointed by the BNP government and that’s why Awami League really can’t trust him. But they decided to participate on the 22 January election if the president fulfilled their demand. But he can’t able fulfill all the demand so that Awami league and their alliance decided to boycott the election. To resolve the conflictions Army take the initiative change the caretaker government and cancelled the election.
Caretaker Government in Different Countries
3.1 The Caretaker Government of Australia
In Australia the term caretaker government is used to describe the government during a period that starts when the parliament is prorogued by the Governor-General prior to a general election, and continues for a short period after the election, until the next ministry is appointed. The caretaker government is expected to conduct itself in accordance with a series of well-defined conventions that are administered by the Department of the Prime Minister and Cabinet,although there is no law compelling the caretaker government to do so.
Under normal circumstances, there is no separate appointment of a caretaker government. The existing government simply assumes “caretaker mode”. During the 1975 Australian constitutional crisis, the Governor-General, Sir John Kerr, appointed a new government headed by Malcolm Fraser, subject to Fraser’s agreement that he would immediately advise a general election, and his government would operate on a caretaker basis in the meantime. This was a unique set of circumstances, leading to a unique solution.
3.1.1 Caretaker Conventions
The incumbent government continues to govern after parliament has been dissolved. The operation of the Australian political system ensures that a Cabinet is always maintained and that caretaker governments abide by the conventions. Any flouting of the conventions by a caretaker government would immediately come to light, and could go against them in the election campaign. There are occasions when major appointments or decisions cannot wait until after the election, and the opposition would normally be consulted about them, ensuring a bipartisan approach.
A document entitled “Guidance on Caretaker Conventions” is administered by the Department of the Prime Minister and Cabinet. Section 1.2 of the Caretaker Conventions states that a caretaker government operates until the election result clearly indicates that either the incumbent party has retained power, or in the case where there is to be a change of government, until the new government is appointed by the Governor-General. Section 1.6 indicates that these conventions are not legally binding, and do not constitute “hard and fast rules.”
3.1.2 Caretaker government conduct
The Caretaker provisions explicitly recognise that, after the dissolution of parliament, the business of government must continue and that “ordinary matters of administration” must be addressed. Hence the provisions allow for the normal operations of all government departments. However, the caretaker conventions impose some restrictions on the conduct of the caretaker government. The conventions broadly include the following:
3.1.2.1 Major policy decisions
The Government will cease taking major policy decisions except on urgent matters and then only after formal consultation with the Opposition. The conventions apply to the making of decisions, not to their announcement. Accordingly, the conventions are not infringed where decisions made before dissolution are announced during the caretaker period. However, where possible, decisions would normally be announced ahead of dissolution.
3.1.2.2 Significant appointments
The Government will cease making major appointments of public officials, but may make acting or short-term appointments.
3.1.2.3 Major contracts or undertakings
The Government will avoid entering major contracts or undertakings during the caretaker period. If it is not possible to defer the commitment until after the caretaker period, for legal, commercial or other reasons, a minister could consult the Opposition, or agencies could deal with the contractor and ensure that contracts include clauses providing for termination in the event of an incoming government not wishing to proceed. Similar provisions cover tendering.
3.1.2.4 International negotiations and visits
The Government ordinarily seeks to defer such major international negotiations, or adopts observer status, until the end of the caretaker period.
3.1.2.5 Avoiding APS involvement in election activities
The Australian Public Service adopts a neutral stance while continuing to advise the Government. There are several cases, notably the pricing of Opposition election promises, in which the APS conducts an investigation and report for the benefit of the electorate at large.
3.1.3 Change of government
When an opposition party or coalition wins enough seats at a general election to be able to command a majority in the House of Representatives, the incumbent Prime Minister formally advises the Governor-General that they should invite the Leader of the Opposition to form a government. The Governor-General then requests the incumbent Prime Minister and his or her Ministers to remain in government in caretaker capacity until a new government is sworn in. The Governor-General then contacts the Leader of the Opposition and invites them to form a government. The Leader of the Opposition accepts the invitation, and undertakes to inform the Governor-General when the new Ministry is in a position to be sworn in.This can be delayed by the counting of votes in closely contested seats, or by the processes by which ministers are chosen under the relevant party’s rules. In the meantime, the caretaker government continues in office.
3.1.4. The 1901 caretaker government
The first Australian federal government, headed by Prime Minister Edmund Barton, was sworn in on 1 January 1901, the day on which the Federation of Australia took effect, whereby the six colonies of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania became States of the Commonwealth of Australia. The first election for the new Parliament of Australia was not held until 29 and 30 March 1901. In the meantime, Barton’s government operated in a caretaker capacity but, due to need to quickly establish administrative processes and make important appointments, they were not as inhibited by the caretaker conventions as later governments were.
3.2 The Caretaker Government in Iraq
A U.N. envoy proposed Wednesday that the U.S.-appointed Governing Council cease to exist June 30 and said the United States should surrender sovereignty to a “caretaker” government of respected Iraqis. U.N. Undersecretary-General Lakhdar Brahimi said the new government should be led by a prime minister, a president and two vice presidents until elections are held in January. The formation of Caretaker Government in Iraq has no long history. This caretaker government system was first introduced after the United States aggression in Iraq. When the Us government stop the aggressions by the pressure of UN and other national countries, than the US government finds the necessity to handover the Country to an Iraqi citizen than most of the persons in different troops they want to hold the office of the government. As a result there is formed a temporary government called Caretaker Government to take the responsibility for the conducting of new elections with the prime objective that to make the election free and fair.
The formation of a temporary government, a caretaker government that will take into their responsibility for the conducting of new elections.
A three-judge panel attached to Iraq’s election commission ordered a manual recount of the vote in Baghdad at the request of Maliki’s alliance, which had finished a close second to Allawi’s Iraqiya slate. The recount, expected to begin next week, could very well open the door for further recounts around the country, and tarnish the credibility of the next government, if Maliki’s alliance overtakes Allawi’s for the largest number of seats in the parliament.
The same judicial panel Monday banned an elected Iraqiya candidate from the parliament for his alleged ties to the late President Saddam Hussein’s Baath Party. The court is soon expected to rule on nine other elected lawmakers accused of having been members of Hussein’s party. The majority of them are in Allawi’s Iraqiya coalition.
The demand by Iyad Allawi comes as candidates in his coalition have been barred from taking office. Some believe that his rival, Prime Minister Nouri Maliki, is trying to erode his slate’s lead.
Former Iraqi Prime Minister Iyad Allawi demanded that an internationally backed caretaker government be formed and new national elections be held, if an Iraqi court continues to bar parliamentary candidates from his slate from taking office.
The comments by Allawi, whose slate won more parliament seats than any other political list in the March elections, underscored a deepening conviction within his coalition that Prime Minister Nouri Maliki’s Shiite Muslim-dominated alliance is trying to erode his slate’s lead by any means possible.
Analysts have raised fears that if the nation’s minority Sunni Arab population, which largely backed Allawi, feels alienated, a new era of sectarian bloodshed could result.
The leader of the bloc that received the most votes in last month’s elections called Wednesday for the creation of an internationally backed caretaker authority to prevent what he said were unlawful attempts by Iraq’s government to overturn the results.
The move escalated a standoff between the Sunni-backed Iraqiya bloc, which won the most seats in the March 7 parliamentary elections, and an alliance led by Prime Minister Nouri al-Maliki, which came in a close second. Former Prime Minister Ayad Allawi, the leader of Iraq, also proposed extending the mandate of the outgoing parliament until a new one is in place, “for the purpose of monitoring the executive branch.”
Adding to the political tension, Human Rights Watch released a report late Tuesday saying that members of a military unit under the command of Maliki, a Shiite, systemically tortured and sexually abused hundreds of Sunni Arab prisoners.
“The horror we found suggests torture was a norm in [al-Muthanna],” Joe Stork, the group’s Middle East director, said in a statement, referring to a secret detention facility at a military airport in Baghdad. “The government needs to prosecute all of those responsible for this systemic brutality.”
In recent days, U.S. officials have expressed concern about the post-election wrangling, which has prevented Iraq’s electoral commission from certifying the results and has indefinitely delayed formation of a new government.
Standing in the way are a manual recount of votes cast in Baghdad and efforts by a commission run by Shiite politicians to disqualify winning candidates for alleged ties to Saddam Hussein’s outlawed Baath Party. At the same time, the U.S. military intends to withdraw about half of its forces by the end of August, leaving 50,000 troops.
Allawi said Wednesday that the Justice and Accountability Commission is carrying out “malicious disqualifications.”
Sunnis, who won meager representation in the 2005 parliamentary elections, voted in droves this year, contributing to Iraqiya’s narrow lead. Maliki’s slate won two fewer seats but could conceivably come out on top. That would almost certainly spark widespread anger in Sunni communities, where many view Maliki as sectarian and increasingly authoritarian.
Maliki and other Shiite leaders have called the recent challenges to the election results lawful processes that must run their course. Allawi said Wednesday’s statement would be Iraqiya’s final appeal for fairness. He warned that the party would henceforth “revert to the Iraqi people to implement their will.”
The Human Rights Watch report, which draws from interviews with 42 former prisoners at the al-Muthanna facility, has sparked anger in the northern province of Nineveh, one of the most volatile in Iraq.
Nineveh’s governor, Atheel al-Nujaifi, said provincial officials met this week with hundreds of relatives of the inmates who spent time at al-Muthanna.
Maliki’s government said it is investigating the abuse claims, but it has played down the allegations, saying they are politically motivated.
Allawi, a secular Shiite, urged the United Nations and other international organizations to back him in his demand for a caretaker government and a new vote, if matters continue on the current path.
“There are some attempts to confiscate the will of the Iraqi people, our constitution and the democratic right, and we cannot accept this,” Allawi said.
Both the U.N. and the U.S. Embassy here had hailed the initial election results as credible and warned against a recount. They had also been critical of the process of banning candidates with Baathist ties from office. Despite their best efforts at mediation before the vote, the Iraqi government carried out an initial purge of more than 500 candidates from the ballot.
3.3 Caretaker Government in Sri Lanka
Transparency International Sri Lanka’s Election Monitoring arm, ‘The Programme for Protection of Public Resources (PPPR)’ has recommended that all future elections be held under a Caretaker Government. It has also stressed the need for an independent and effective Election Commission immediately.
PPPR has said that only the President and the Cabinet of Ministers should constitute the Caretaker Government without any non-cabinet or deputy ministers. During Presidential Elections, the incumbent President and the Cabinet of Ministers to be permitted to attend only to routine functions that have no bearing on the election. No public ceremonies of any magnitude should take place incurring public expenditure, where the President or the Cabinet of Ministers or Members of Parliament or any candidate attends, the report has suggested.
Elaborating further, it has been recommended that the Commissioner of Elections may give appropriate directions to any of the members of the Caretaker Government in order to ensure a free and fair poll.
Referring to Provincial Council and local authorities’ elections, it has been suggested that members of the relevant bodies should cease to hold office, if they are to be candidates.
Highlighting grave abuse of public resources in the Presidential and Parliamentary Elections, the report has pointed out the cost that people are compelled to bear as a result of these abuses, and how such abuses compromise the integrity of the whole election. The need to appoint a Commission of Inquiry to inquire into the abuses of public resources during elections headed by a person with integrity and acceptable to the civil society has been pointed out. The PPPR has also recommended the appointment of independent Bribery, Police and Public Service Commissions.
PPPR recommends that the cost of abuse of public resources should be recovered from the errant candidates immediately. Independent review and reports by the Commissioner General of Inland Revenue, Customs Department, Financial Investigation Unit of the Central Bank and the Auditor General on the abuse of the state resources and expenditure of campaign funds should be made mandatory, it says.
A Systems Audit of the pre and post electoral counting and recording process to ensure integrity has also been emphasized.
Effective implementation of a Right to Information law to allow citizens’ access to government records, enact political party financing laws including provisions for declaration of such finances, periodical audits which should be submitted the Commissioner of Elections and an upper limit on the amount one can contribute, a clearer legal definition of political advertising, measures to prevent use of indirect representations during the campaign free period are among other recommendations.
Iceland’s Left-wing caretaker government has won a resounding victory in a general election as voters punished the conservatives they blame for the country’s economic meltdown last year.
The conservative Independence Party, in power for 18 years until it resigned in January amid massive protests over the financial crisis that brought Iceland to the brink of bankruptcy, posted its worst-ever election score.
“We lost this time but we will win again later,” said Bjarni Benediktsson, the party leader, conceding defeat to the Social Democrats having picked up just 23.6 per cent of the vote.
The interim Prime Minister, Johanna Sigurdardottir, of the pro-European Union Social Democratic Party, will now have to try to reach an agreement with its eurosceptic coalition partner, the Left Green Movement, on seeking EU membership.
The Social Democrats won 30.3 percent of votes and the Left Greens took 21.7 per cent, providing an absolute majority of 52 per cent, a first for a Left-wing government in Iceland.
3.4 The Caretaker Government in United Kingdom
In the United Kingdom the term National Government is in an abstract sense used to refer to a coalition of some or all major political parties.
The all-party coalitions of Herbert Henry Asquith and David Lloyd George in the First World War and of Winston Churchill in the Second World War were sometimes referred to as National Governments at the time, but are now more commonly called Coalition Governments. Churchill’s brief 1945 “Caretaker Government” also called itself a National Government and in terms of party composition was very similar to the 1931–1940 entity.
In May 1945, following the defeat of Germany the coalition government broke up and Churchill formed a new administration, including Conservatives, Liberal Nationals and various non-party individuals who had been previously appointed to Ministerial posts. However, significantly, with the exception of the Earl of Rosebery there were no other Liberal Nationals in the Cabinet – excluding even the Lord Chancellor Lord Simon. This government nevertheless used the title National Government and could be seen as the heir to the 1930s governments, even though the personnel were very different. The government fought the 1945 general election as a National Government but lost.
Following the defeat, elements of the old National Government ‘all party coalition’ idea continued with Sir John Anderson (elected as a National M.P.) and Gwilym Lloyd-George – a former Liberal M.P. who now sat as an Independent Liberal – occupying important positions in Churchill’s Shadow Cabinet team. In addition the Liberal Nationals (National Liberals from 1947-48 onwards) also kept a semi-separate existence and didn’t finally disappear until 1968 – the last political legacy of what happened in crisis of August 1931.
Categories of Caretaker Government
The concept of` `Caretaker Government` as it has been and being used in politics and constitutions of various countries, may be used in three senses: Presumed Caretaker Government; Caretaker Government in Special sense; and Caretaker Government in proper sense or Non-party Caretaker Government.
4.1 Presumed Caretaker Government
When parliament stands dissolved because its duration has expired or is dissolved because the government has been defeated in the floor and it has advised foe its dissolution or because of any other reason, the existing government continues in office till the new government is formed after election. This sitting government after dissolution of parliament and before its reconstitution transforms automatically into a caretaker government in the sense that this government thought a sitting one undertakes to take care of the affairs of the government for pre-election interim period during which it does not initiate any important policies or commitments of a broad and sweeping nature. Invariably, the Prime Minister in office at the time of the dissolution of the legislature or the termination of its constitutional life carries on the administration of the country as head of the caretaker government. This transformation is recognized in all democratic countries. In Britain, Canada, and New Zealand it is a conventional practice and in countries with written Constitutions it is specifically mentioned that when parliament is dissolved the sitting government continues in office till its successors has entered upon office.
To be noted that this transformed nature of the sitting government during the election period is not universally recognized as caretaker government as such and it cannot be said to be caretaker government in true sense of the term, for this government taking care of the administration itself contests in the election while it is in power. But as it does not initiate any important policies or make a commitment of broad and sweeping nature and it holds office just to take care of the day to day administration, only in this sense it may be presumed to be a kind of caretaker government. This type of caretaker government is automatic and natural in countries where institutionalism is practiced.
4.2 Caretaker Government in Special Sense
In some cases to a particular special situation a caretaker government is formed on the basis of national consensus. Again, in some written constitutions specific provisions are kept for caretaker government to conduct general election.
For example, in Britain in 1945 the cabinet formed by Churchill following the Second World War has been termed by Sir Ivor Jennings as caretaker government. As this government was formed particularly for conducting post-war election in Britain and this 16member cabinet was participated by Conservative Party, National Liberation Party and also some non-party members. This government was different from a presumed caretaker government as I have mentioned above. Sir Ivor Jennings categorically says that it should be explained that it is not British practice to appoint a caretaker government of the duration of general election. It was done in 1945 because the wartime coalition had broken up. The electors had to decide whether they wanted a Conservative Government or a Labor Government, and meanwhile the King’s service had to be carried on. This was quite exceptional. The Government which advices the dissolution remains in office though out the election and continues to do so after the election, unless it is defeated.
Again, Article 48 (5) of the Pakistan Constitution specifically provides for caretaker government. It stipulates that –
“Where the President dissolves the National Assembly, he shall, in his discretion
(a) appoint a date not later than 90 days from the date of the dissolution, for holding of a general election to the Assembly; and
(b) appoint a caretaker government.
But there is no provision for appointing a non-party caretaker government; neither is there any mandatory provision that the caretaker government will not take part in the election. As a result, the provision for caretaker government as provided in the Pakistan Constitution cannot be said to be a caretaker government in true sense of the term.
4.3 Caretaker Government in True Sense
In true sense the term caretaker government means an interim government which is a non-party government and abstains itself from contesting the election and is appointed particularly for conducting a free and fair election. For example, the provision for caretaker government as provided by the 13th amendment of the Constitution of Bangladesh ensures a caretaker government in true sense, for none of the government has the right to contest general election. Caretaker government of Pakistan of 1993 and of 1997 was caretaker government in proper sense. The interim government to conduct election in South Africa in 1994 was also a caretaker government in true sense. The interim government of Justice Sahabuddin Ahmed which was formed after the fall of military dictator Ershad regime in 1990 in Bangladesh was not, from constitutional point of view, any caretaker government there was no provision for caretaker government as such in the Constitution of Bangladesh. Under the provisions of the constitution Justice Sahabuddin Ahmed was appointed as the Vice-President and when Ershad resigned Sahabuddin Ahmed acted as the Acting President and until he comes out of his office he acted as the Acting President. But if we examine his government from factual, political and philosophical point view, we find that his government was essentially though not constitutionally a caretaker government in true sense. Because all of his government was non-political persons and none of them took part in the election.
The aforesaid 3 types of caretaker governments may again be classified into two categories. One is so called or party-caretaker government and another one is non-party caretaker government. In Bangladesh the Non-party Caretaker Government are prevailing.
Five different Caretaker Governments in Bangladesh
5.1 Caretaker Government of 1991
Because of tremendous political pressure and protest of three different fronts in late 1990 dictator Ershad have to dissolve his government and handover the power to the care taker government. Then there was no option like caretaker government in the constitution on that time. So all parties decided, Ershad have to appoint a neutral and non-partisan person as Vice-President acceptable to the three alliances and other parties under article 51(A) clause 3, article 55(A) clause 1 and article 51 clause 3 of the constitution. After his resignation President Ershad has to hand over power to the Vice-President, who will become the head of the caretaker government as the acting President. The interim care-taker government shall hold a free and fair election for a sovereign parliament within three months’ time of its installation. According to that former chief justice Shahabuddin Ahmed appointed as vice-president, and he become the acting president and chief advisor of caretaker government. Seventeen advisors were appointed on that time. They arrange a free and fair election and BNP form the government by owning the election.
5.2 Caretaker Government of 1996
Caretaker government of 1991 was mutual political solution for a critical political transformation. But the caretaker government of 1996 was an essentiality to go along with the constitution. Sixth national parliament was dissolved on 30 March, 1996. So a caretaker government forms under the thirteenth amendment headed by former justice Md. Habibur Rahman as the chief advisor on that day. For days later ten other advisors were appointed. They arrange an election on 12 June which was won by Awami League and handover the power on 23 June.
5.3 Caretaker government of 2001
The third caretaker government was formed on the day, 15 July, 2001 according to the thirteenth amendment. The former Chief Justice Latifur Rahman was appointed as the Chief Adviser. After two days, ten other Advisers of the caretaker government were also appointed. The caretaker government re-shuffled the total administration for neutral election. Arrange the eighth parliamentary election on 1 October 2001, and BNP own the election as four-party alliance with two third majority and formed government 10 October 2001.
5.4 Caretaker Government of 2006
After the five years of term of BNP government, country was moving towards 9th parliamentary election. But unbelievable amount of manipulation of the caretaker government, Election Commission, voter list, and the administration created a politically volatile situation in Bangladesh. Awami league and other opposition party didn’t want to see justice Hasan ac the chief of caretaker government, at that time bypassing the entire different alternatives president Iajuddin Ahmed declared him as the chief advisor of caretaker government. President was appointed by the BNP government and that’s why Awami League really can’t trust him. But they decided to participate on the 22 January election if the president fulfilled their demand. But he can’t able fulfill all the demand so that Awami league and their alliance decided to boycott the election. To resolve the conflictions Army take the initiative change the caretaker government and cancelled the election.
5.5 Caretaker Government of 2007
A new caretaker government was by headed Fakhruddin Ahmed as the chief advisor. Basically it was an army backed government. This government administrates the country almost for two years, takes so many reform programs, and started war against corruption. But this army backed caretaker government become very much questionable during their 2nd year of running period because of their unethical attempt to form new political party by breaking the existing political parties and doing corrupting to prevent corruption. They arrange an election on 29 December, 2008. Awami league won that election and formed government on 10 January, 2009.
The Bangladeshi general election, 2008|national election of Bangladesh]] was held on 29 December 2008 under the Caretaker government formed with Dr. Fakhruddin Ahmed as the Chief Adviser on 13 January 2007.
This was the third Caretaker government formed after the tenure of the government of prime minister Khaleda Zia ended in October 2006. The Caretaker government of Dr. Fakhruddin Ahmed functioned without legislative authority as it continued to function after its scheduled tenure of 120 days ended on 12 May 2007. All decisions taken after this date must be ratified by the parliament for the sake of legitimacy.
The Caretaker government of Dr. Fakhruddin Ahmed was a military controlled and has made extensive use of the military to stymie the chaos that preceded the 11th of January, 2007. From the very outset however, the government made it clear that they were there not only arrange a free and fair election, but also to make sure that all aspects that are connected to it are reviewed properly. This meant major reforms in the election system, but also making sure that corrupt candidates could not take part in the election.
The task was however an enormous one, since Bangladesh is regarded as one of the most corrupt nations in the world. Therefore, the government had exceeded its mandated term, which according to the constitution allows it to stay only for 90 days.
In defiance of the Constitutional provision the Caretaker government of Dr. Fakhruddin Ahmed postponed the national election 29 December 2008.
List of Chief Advisers of Bangladesh
| Name | Entered office | Left office | Date of Birth and Death | Political party | Birth Place | ||
| 01 | Habibur Rahman | 31 March 1996 | 23 June 1996 | 17 October 1935 | Non-party | Gopalganj | |
| 02 | Latifur Rahman | 15 July 2001 | 10 October 2001 | 1 March 1936 | Non-party | Jhenaidah | |
| 03 | Iajuddin Ahmed | 29 October 2006 | 11 January 2007 | 1 February 1931 | Non-party | Munshiganj | |
| 05 | Fakhruddin Ahmed | 12 January 2007 | 6 January 2009 | 1 May 1940 | Non-party | Munshiganj | |
Composition and Function
The Chief Adviser of the Caretaker Government of the People’s Republic of Bangladesh takes over as the Head of Government for 90 days during transition between one elected government to another. The Caretaker Government that is mandated only to hold the Parliamentary Elections in Bangladesh. The Chief Advisor heads an Advisory Committee comprising ten Advisors. With powers roughly equivalent to those of the Prime Minister of elected governments, his executive power is constrained with certain constitutional limitations. He, as well as the other advisors, are selected so as to be acceptable to all major political parties.
Present Chief Justice of Bangladesh Mr. Justice A B M Khairul Haque has the highest possibility to become the next Chief Adviser during the general election to be held in March 2014.
6.1 Composition of the Non-Party Care-taker Government
6.1.1 Non-Party Care-Taker Government shall consist of the Chief Adviser at its head and ten or less other Advisors, all of whom shall be appointed by the President.
6.1.2 The Chief Adviser and other Advisers shall be appointed within fifteen days after Parliament is dissolved or stands dissolved, and during the period between the date on which Parliament is dissolved or stands dissolved and the date on which the Chief Adviser is appointed, the Prime Minister and his cabinet who were in office immediately before Jatiyo Sangshad (Parliament) was dissolved or stood dissolved shall continue to hold office as such.
6..1.3 The President shall appoint as Chief Adviser the person who among the retired Chief Justice of Bangladesh retired last and who is qualified to be appointed as an Adviser under this article: Provided that if such retired Chief Justice is not available or is not willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Chief Justice of Bangladesh retired next before the last retired Chief Justice.
6.1.4 If no retired Chief Justice is available or willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Judges of the Appellate Division retired last and who is qualified to be appointed as an Adviser under this article: Provided that if such retired Judge is not available or is not willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Judges of the Appellate Division retired next before the last such retired Judge.
6.1.5 If no retired judge of the Appellate Division is available or willing to hold the office of Chief Adviser, the President shall, after consultation, as far as practicable, with the major political parties, appoint the Chief Adviser from among citizens of Bangladesh who are qualified to be appointed as Advisers under this article.
6.1.6 Notwithstanding anything contained in this Chapter, if the provisions of clauses (3), (4) and (5) cannot be given effect to, the President shall assume the functions of the Chief Adviser of the Non-Party Care-taker Government in addition to his own functions under this Constitution.
6.1.7 The President shall appoint Advisers from among the persons who are
6.1.7.1 qualified for election as members of parliament;
6.1.7.2 not members of any political party or of any organisation associated with or affiliated to any political party;
6.1.7.3 not, a