• Alvi asks Imran to stay on as “Interim Prime Minister”
• Opposition refuses to participate in “dummy” process
• Two-year a constitutional barrier is “unlikely” to affect Gulzar’s appointment, says Fawad
ISLAMABAD: after the dissolution of National Assembly and de-notification of Imran Khan as prime ministerPresident Arif Alvi formally ushered through the letter on Monday Mr. Khan will continue to hold office of prime minister in interim period before appointment of interim prime minister under article 224 of Constitution.
The letter that was sent to the secretaries of cabinet division and parliamentary affairs except Mr Khan and former leader of the opposition in National Assembly Shehbaz Sharif stated that “the caretaker prime minister appointed by the president in consultation with in prime minister and leader of opposition in outgoing national assembly in accordance with section 224(1A) of Constitution of Pakistan.”
But President Alvey, who has no direct constitutional role in appointment of caretaker prime minister seems to have taken the lead role in procedure when he wrote in former leader of the opposition, stating that he had received Mr. Khan’s offer and asked Mr. Sharif to send the name of his candidate(s) also.
Interim Prime Minister Imran Khan, on Monday suggested title of former Chief Justice justice Gulzar Ahmed for in office.
His chances of becomes acting prime minister bright because the opposition refused to become part of of “controversial process” unless the Supreme Court reaches a verdict on cause of refusal of opposition no-confidence resolution.
Judge Gulzar retired on February 1, 2022 and with his nomination, another controversy arose because, in accordance with Article 207 of Constitution, he will enter into new condition office during two years of his retirement.
When in contact with a close assistant of intermediate prime minister Don said that former chief justice consent was already searched and he agreed perform like a caretaker prime minister.
When the interim prime minister proposed former main justice caretaker for slot of caretaker, Mr. Sharif pointed out out that the president had no constitutional right to write such a letter to him.
How can the President who abolished the constitution us? asked the president of the Pakistan Muslim League, Nawaz, answering a question at a press conference. of united opposition.
In addition, Pakistan People’s Party Chairman Bilawal Bhutto-Zardari said that it is a duty under the Constitution to of in prime minister not to write such a letter to the president.
The opposition further argued that after the dissolution of in Mr Khan’s government there was no reason to office of PM or run in affairs of state.
An earlier notice issued by the Prime Minister’s Office on on behalf of of Mr. Khan stated: “In terms of Article 224(1A) of Constitution, I propose a title of retired justice Gulzar Ahmed, former Main judge of Pakistan, to be considered for appointment as watchman prime minister”.
Mr Khan who chairman of Pakistan Tehreek-e-Insaf then urged the opposition to prepare for in general elections and called on his supporters to take to the streets on Monday night to expose it party dissidents.
Constitutional riddle
caretaker prime minister appointed under Article 224-A of the constitution that was adopted in Constitution under the 18th Amendment in 2010.
This first time after this amendment that such a situation arose.
According to the Constitution, as outgoing prime minister and the outgoing leader of the opposition must name for caretaker prime minister within three days (until Tuesday) of dissolution of then.
Under Section 224-A, if they both disagree, a committee of of Senators and MNA will be sent two candidates each. The commission “should be immediately formed by the speaker of National Assembly, founded on outgoing leader nominations of in house and opposition.
One of the highest legal minds of the Pakistan People’s Party (PPP) told Dawn that, in accordance with the constitution, the outgoing prime minister should consult with leader of the opposition over appointment of a caretaker.
He acknowledged that if the opposition had not give any name, nominee of Mr Khan could be appointed caretaker prime minister no competition.
When former information minister Fawad Chaudhry was approached and asked if there was a possibility of alternate name proposed by interim prime minister for in office of Acting Prime Minister, considering two year bar, minister said office of “The interim prime minister is not office of benefit in service of Pakistan under Section 207,” adding that the Peshawar High Court already solved it issue.
Article 207 (2) of Constitution says: “A person who spent office like a judge of Supreme Court or of The High Court has no authority to hold any office of benefit in service of Pakistan non-judicial or quasi-judicial office or office of Chief Commissioner for Elections or of Chairman or member of legal commission or of Chairman or member of consul of Islamic ideology before expiration of two years after he stopped holding it office”.
Published in Dawn, April 5, 2022
