Free and fair elections in Bangladesh and the illusion of a neutral caretaker government

Holding of periodic free and fair elections remains a big challenge in Bangladesh. In order to ensure free and fair elections the Constitution (Thirteenth Amendment) Act 1996 was passed paving the way for a unique constitutional arrangement of a “care-taker” nonpartisan government. Two general elections were held under these amendments. The 3rd general election was scheduled to be held on 22 January 2007, but the major opposition parties and civil society groups raised objections regarding massive manipulations of the care-taker government and the election commission by the departing government. They decided to boycott the election and subsequently the country was plunged into widespread political violence leading to declaration of state of emergency and the postponement of the election. The ability to manipulate elections under the 13th Amendment resulting in chaotic events in Bangladesh clearly raises questions about the adequacy and even the necessity of such an amendment. This paper analyses the events inthe country leading to the declaration of emergency from a politico-legal perspective in the light of the Thirteenth Amendment. It contends that the Thirteenth Amendment is inconsistent with the basic structure of the Constitution. The paper argues that enforceability of the Constitution and its spirit will remain elusive unless there is sincere willingness on the part of political parties and a culture is developed within the political parties and larger civil society to abide by the provisions along with the spirit