ISLAMABAD: The Islamabad High Court (IHC) will take up former federal minister Sheikh Rashid Ahmed’s petition challenging the appointments of federal ministers and special advisers to the prime minister on Tuesday (today).
A single bench of Chief Justice Athar Minallah will hear the petition moved by Rashid through his counsel Intazar Hussain Panjutha.
In his petition, Rashid cited the Federation of Pakistan through the secretary Cabinet Division, Federation of Pakistan through the principal secretary to the prime minister of Pakistan, the secretary Law and Parliamentary Affairs, and 72 federal ministers, state ministers and special advisers to the PM as respondents.
Rashid has contended that total number of federal ministers and special advisers to the prime minister have exceeded the prescribed strength of federal cabinet as per the Constitution. He submitted that according to second proviso of Article 92 (1) of the Constitution, the total strength of the cabinet, including ministers of state, shall not exceed 11 per cent of the total membership of the Parliament, i.e., National Assembly and Senate which is 446. He stated that 11 percent of total strength of Parliament is 49.06 members meaning thereby the maximum number of federal cabinet can be 50 members, which includes federal ministers and ministers of state.
He stated that the prime minister of Pakistan under Rule 4(6) of the Rules of Business, 1973 can appoint any individual as Special Assistant or Special Assistants to the Prime Minister with such status and functions as may be determined by the Prime Minister.
Rasheed further said that the present regime has appointed as many as 34 federal ministers, seven state ministers, four advisors to the prime minister and 27 special assistants to the prime minister with the status of either minister of state or federal minister.
He contended that the very purpose of second proviso of Article 92(1) of the Constitution of Pakistan, which was made part of the Constitution of 1973 through 18th Amendment was to keep a check on the number of members of federal cabinet so that it may not result in a heavy burden on the national exchequer keeping in view the fragile financial and economic outlook of the country, wherein, the rate of poverty is hovering at 39.3 per cent according to the World Bank.
“The 18th Constitutional Amendment aimed to fix the limit of federal ministers and state ministers to keep a check on excessive financial burden on the national exchequer but it is unfortunate to highlight that the present regime has found such unlawful and unconstitutional ways to accommodate private individuals in complete disregard to the second proviso of Article 92(1) of the Constitution of the Islamic Republic of Pakistan, 1973,” said the petition.
It added; “The prime minister is using his discretion under Rules of Business, 1973 in an illegal and unlawful manner to accommodate and facilitate individuals at the expense of public exchequer by paying them exorbitant perks, privileges, salaries etc, under Federal Ministers and Ministers of State (Salaries, Allowances and Privileges) Act, 1975 and salary of federal minister amounts to Rs200,000 and salary of Minister of State is Rs180,000.” He added that besides this salary, other perks and privileges are also provided to them.
He prayed that the appointment of respondents No4 0 75 as federal ministers, ministers of state, advisors and special assistants to the prime minister may very kindly be declared as illegal, unlawful, nullity in the eye of law, violative to second proviso of Article 92(1) of the Constitution.
He also requested that during pendency of his writ petition, the respondents No4 to 75 may be restrained from performing their duties being appointed in violation of second proviso of Article 92 (1) of the Constitution.
Copyright Business Recorder, 2022
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