Abstract

The Constitution (Thirteenth Amendment) Act (Act No. I of 1996) introduced the provision for Non-Party Caretaker Government in the Constitution for a period of 90 days for holding free and fair general elections. Successive three general elections were held under the Caretaker Government as interim arrangement. However, in 2007 the then Caretaker Government continued about two years. The Constitutionality of the Act was challenged by a group of lawyers. The larger bench of the High Court Division unanimously discharged the Rule that the Act did not violate any provision of the Constitution. Thereafter, the Appellate Division by its Judgment and Order dated 10.05.2012 allowed the Appeal by slim majority (4:3) that the Act violates the principle of democracy as the Basic Structure of the Constitution. Although argued, the Apex Court did not accept the application of doctrine of political question. Consequently, the Government introduced fifteenth Amendment to the Constitution and repealed the provision for Non-Party Caretaker Government.