The Chief Adviser of Bangladesh,[a] officially the Chief Adviser of the People's Republic of Bangladesh,[b] is the chief executive of the caretaker and the interim government of Bangladesh, who serves as the head of government during the transition period between one elected government and another. With powers roughly equivalent to those of the prime minister of an elected government, their executive power is limited by the constitution. The chief adviser leads an advisory committee comprising several advisers (equivalent to a minister), all of them selected from among politically neutral individuals to be acceptable to all major political parties.[1] The office of the chief adviser is called Chief Adviser's Office.
The caretaker government system of Bangladesh was introduced in March 1996 through the passage of the 13th amendment to the constitution. The system was formed to hold parliamentary elections after the election in February conducted by the Khaleda Zia government was widely boycotted by the opposition parties. The amendment recommended making the last retired chief justice the chief adviser.[2] In 1996, Justice Muhammad Habibur Rahman was appointed the chief adviser of the caretaker government. Along with the President of Bangladesh, Abdur Rahman Biswas, prevented the 1996 Bangladesh coup d'état attempt. The Bangladesh Nationalist Party had some difficult appointing a Chief adviser to the caretaker government which led to the 2006–08 Bangladeshi political crisis.[3] The Bangladesh Nationalist Party appointed President Iajuddin Ahmed the chief adviser to the caretaker government, but he faced demands for resignation from Bangladesh Awami League.[4] Iajuddin Ahmed was replaced by Fakhruddin Ahmed. During the crisis, the military-backed caretaker government was led by Chief Adviser Fakhruddin Ahmed.[5] Fakhruddin Ahmed appointed three special assistants to himself who were given the rank of a state minister. The assistants were Barrister Debashis Roy, Brigadier-General M. A. Malek, and Professor M Tamim.[6] There was some debate about the constitutional validity of the assistant to the chief advisers.[7]
The caretaker government system was scrapped along with the 13th amendment in 2011 through the passage of the 15th amendment of the constitution to allow the elected government to conduct any general election in the future,[3] with the chief justice of Bangladesh, A.B.M. Khairul Haque, declaring the caretaker government system illegal and unconstitutional. Following the High Court's verdict, several sections of the Fifteenth Amendment were scrapped on 17 December 2024, restoring the caretaker system.[8][9][10]
The office was restored in 2024 under the extra-constitutional setup of an interim government, following the resignation of Prime Minister Sheikh Hasina.[11][12]
Composition of the non-party caretaker government
Non-party caretaker government shall consist of the chief adviser at its head and ten or fewer other advisers, all of whom shall be appointed by the president.[1][7]
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 Jatiya Sangsad (Parliament) was dissolved or stood dissolved shall continue to hold office as such.
The president shall appoint as chief adviser the person who among the retired chief justices 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.
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.
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.
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 caretaker government in addition to his functions under this Constitution.
The president shall appoint advisers from among the persons who are
qualified for election as members of parliament;
not members of any political party or any organisation associated with or affiliated to any political party;
not, and have agreed in writing not to be, candidates for the ensuing election of members of parliament;
not over seventy-two years of age.
The advisers shall be appointed by the president on the advice of the chief adviser.
The chief adviser or an adviser may resign his office by writing under his hand addressed to the president.
The chief adviser or an adviser shall cease to be chief adviser or adviser if he is disqualified to be appointed as such under this article.
The chief adviser shall have the status, and shall be entitled to the remuneration and privileges, of a prime minister, and an adviser shall have the status, and shall be entitled to the remuneration and privileges, of a minister.
The non-party caretaker government shall stand dissolved on the date on which the prime minister enters upon his office after the constitution of the new parliament.
Chief Adviser's Office
The Chief Adviser's Office (CAO) (Bengali: প্রধান উপদেষ্টার কার্যালয়, romanized:Prôdhān Upôdēṣṭār Kārjālôẏ) is the official workplace of the Chief Adviser of Bangladesh during an interim or caretaker government. Its the office of the Head of Government of Bangladesh during an interim or caretaker government. Its equivalent to the Prime Minister's Office during an elected government.
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