transformation is recognized in all democratic countries. In Britain, Canada, and New Zealand it is conventional practice and in countries with written constitutions it is specifically mentioned that when parliament is dissolved the sitting government continues in the office till its successor has entered upon office.3 1.1.2 Caretaker Government in Special Sense In some cases to particular special cases to a particular special situation a caretaker government is framed 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 framed by Churchill following the
Second World War has been termed by Sir Ivor Jenning as caretaker government. 4 Because this government was formed particularly for conducting post-war election in Britain and this 16 member cabinet was participated by Conservative parties, national Liberation Party and also some other non party members. This government was different from a presumed caretaker government. 1.1.3 Caretaker Government in True Sense In true sense the term 'caretaker government' means an interim government which is nonparty government and abstains itself from contesting the election and is appointed particularly for conducting a free and fair election.5 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 were caretaker governments 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 because 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 was the VicePresident and when Ershad resigned Sahabuddin Ahmed acted as the Acting President and until he came 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 3
Md. Abdul Halim, Constitution, Constitutional Law and Politics: Bangladesh Perspective, ( Dhaka: BCC Foundation, 1998), p. 392.
4 5
Ibid, p.393. Ibid, p.394.