Website cao.gov.bd | ||
Style Chief Adviser (now defunct) Appointer President of Bangladesh Term length until the next general election is held and a new Prime Minister takes office | ||
The Chief Adviser of the Caretaker Government of the People's Republic of Bangladesh used to take over as the Head of Government for 90 days during transition between one elected government to another during the period between 1996 to 2008. The Caretaker Government that was mandated only to hold the Parliamentary Elections in Bangladesh. The Chief Adviser headed an Advisory Committee comprising ten Advisers. With powers roughly equivalent to those of the Prime Minister of an elected governments, his executive power was constrained with certain constitutional limitations. He, as well as the other advisers, were selected so as to be acceptable to all major political parties.
The system was scrapped in 2011 by 15th amendment of constitution to allow political government to conduct any General Election in future.
Past Chief Justice of Bangladesh Mr. Justice A.B.M. Khairul Haque, who was the 19th Chief Justice of Bangladesh when he delivered the verdict which declared the Caretaker Government illegal and unconstitutiona, would be the Chief Adviser during the general election held in January 2014 if not the post had been abolished.
Composition of the Non-Party Care-taker Government
- Non-Party Care-Taker 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.
- 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.
- 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.
- 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 Care-taker Government in addition to his own 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 of 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 Care-taker Government shall stand dissolved on the date on which the Prime Minister enters upon his office after the constitution of new parliament.