Advisers, special assistants to PM: SC rejects petition against appointments

ISLAMABAD: The Supreme Court on Friday dismissed a petition against the appointment of advisors and special assistants to the prime minister. A two-member bench, headed by Chief Justice Gulzar Ahmed, and comprising Justice Ijazul Ahsan heard Munsif Awan's petition against the appointment of advisors and special assistants to the prime minister. The chief justice said the reasons of their order would be announced later on.

The bench maintained the verdicts of the Islamabad High Court (IHC) regarding the appointment of advisors and special assistants.

A division bench of the IHC comprising Aamer Farooq and Ghulam Azam Qambrani on December 8, 2020, ruled that advisors and special assistants to prime minister are not members of the cabinet and cannot participate in its proceedings.

According to the IHC verdict, "Conferring of status of Federal Minister on the Advisor to the Prime Minister is only for the purposes of perks and privileges and does not make the Advisor a Federal Minister as such. An Advisor to the Prime Minister is not Member of the Cabinet and cannot participate in the proceedings, hence he can also not be a Member or even chair the Committee of the Cabinet. He can address the parliament but cannot participate in the voting process."

The Chief Justice of Pakistan, at the onset of hearing said the case was fixed before a three-member bench, but Justice Muneeb Akbar, has recused himself.

He said he had therefore constituted a two-member bench for the hearing of this petition.

Justice Ijazul Ahsan said the apex court in the Zulfi Bukhari's case had settled the principle for the appointment of special assistants.

A dual national can also be appointed a special assistant in that case, said Justice Ijaz.

Ikram Chaudhry, representing Munsif Awan, argued that his case is not about the dual nationality, but against the appointment of a large number of special assistants and advisors by the premier.

Justice Ijaz then said in that judgment the apex court had also decided that the prime minister could appointment advisors.

The counsel said the Islamabad High Court in its verdicts had cited the judgments.

The chief justice said it is written in the Rules of Business that a person holding dual nationality could become a special assistant.

Justice Ijaz said the special assistants are included in the Service of Pakistan.

Ikram Chaudhry argued that special assistants are not included in Service of Pakistan.

He said under Article 93 of Constitution, only five advisors could be appointed, adding that the appointment of advisors is in violation of Article 99 of Constitution.

Justice Ijaz told the counsel that he had already discussed all these points before the IHC.

The chief justice said that the constitution says that the prime minister can have advisors.

He said that the prime minister can appointment an advisor or special assistant for expert opinion.

Justice Ijaz told the counsel that he had raised the dual national issue before the IHC, adding that the loyalty of the dual national should not be doubted.

He further said if there is no restriction in doing anything then it cannot be refused.

The IHC judgment also noted that the Rule 4(6) of the Rules of Business, 1973, which provides for appointment of special assistant to the prime minister, is not in violation of any provision of the Constitution.

"The Special Assistant to the Prime Minister is not a Minister of State or a Federal Minister but only enjoys the status for the purposes of perks and privileges. He cannot address the parliament nor has any executive authority vested in him. He also is not a Member of the Cabinet and cannot take part in the proceedings of it," it added.

The judgment noted that Rule 17 of the Rules of Business, 1973 provides for conducting business of the Cabinet and Sub Rule 2 of it regarding the formation of the subcommittees. Under Sub Rule 2 of Rule 17, the Prime Minister may appoint any Member of the Cabinet as Member of Committee of the Cabinet.

The judgment said that undoubtedly, on special requests, persons can be called in by the Committee but no person can be the Chairman or a Member of the Committee of the Cabinet, who is not a Member of the Cabinet.

The conferment of status of Federal Minister to an Advisor is again only for the purpose of perks and privileges and the conferment does not make a person/advisor a Federal Minister.

The judgment said the affairs of federal government are conducted by the prime minister and the ministers collectively as provided in Article 92 of the Constitution.

A person is eligible to be appointed as a Federal Minister or Minister of State, if he is either a Member of National Assembly or Senate (subject to restriction of Members as provided in proviso to Article 92 of the Constitution) and where he is not a Member of National Assembly for six consecutive months, he ceases to be a Federal Minister (Article 91(9) of the Constitution.

Copyright Business Recorder, 2020