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With a view to ensuring that the outgoing Government does not influence
the general election for a new Parliament, a unique
feature was added to the Bangladesh political system
through the Constitution
(Thirteenth Amendment) Act, 1996. According to
provisions in this Act, a non-party caretaker government
takes over the administration within 15 days after
Parliament is dissolved by the President or stands
dissolved at the expiration of its term.
This caretaker Government remains in power until
the time the newly elected Prime Minister enters his/her
office after the constitution of new Parliament. The
non-party Caretaker Government consists of a Chief
Adviser at its head and not more than ten other
Advisers. All of the Advisers, including the Chief
Adviser:-
§
have
to qualify to be elected as Members of Parliament,
§
are
not members of any political party,
§
are
not over seventy two years of age, and
§
undertake
in writing not to contest the ensuing election as
candidates.
The
President invites the most recently retired Chief
Justice of the Supreme Court to form the Government as
Chief Adviser. Should he not be available or willing to
take this position, the President would, following the
principle of most recent retirement, offer the office to
other retired Chief Justices and then to retired Judges
of the Appellate Division of the Supreme Court. If not
one from among them is available or willing to hold the
office of the Chief Adviser, the President would
appoint, after consultation as far as practicable with
major political parties, a Chief Adviser from among the
citizens of Bangladesh who are qualified to be appointed
as Adviser under the Constitution. In a situation where
the aforesaid constitutional stipulations cannot be met,
the President himself would assume the functions of the
Chief Adviser in addition to his own functions as
President of the Republic.
The
President on the advice of the Chief Adviser appoints
the Advisers. The non- party caretaker Government
discharges its functions as an interim government and
carries on the routine functions of the government with
the aid and assistance of persons in the service of the
Republic. The Government has to give to the Election
Commission all possible aid and assistance required for
holding the general election of members of Parliament
peacefully, freely, fairly and impartially.
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