Amendments to Rules of Business: cabinet division withdraws summary

The Cabinet Division has reportedly withdrawn a summary on amendments to the Rules of Business, 1973 from the agenda of the caretaker federal Cabinet, official sources told Business Recorder. The Rules of Business 1973 allocate and provide a legal framework for the conduct of business of the federal government. The rules have been modified from time to time and brought in conformity with the new and emerging realities.
The Supreme Court of Pakistan, in its judgment reported as PLD-2016 SC-808, has interpreted the Federal Government as the Cabinet and also declared rule 16(2) of the Rules of Business, 1973 ultra vires.
The Cabinet Division argued that in order to bring the Rules of Business, 1973 in conformity with the Supreme Court of Pakistan's judgment, the Rules of Business 1973 should be altered accordingly.
The Cabinet Division had placed a summary before the Federal Cabinet in its meeting held on Apri12, 2017 which however deferred consideration of the summary.
On June 30, 2018, Cabinet Division, in its summary to the caretaker Cabinet proposed that the Rules of Business, 1973 may be modified in the light of the Supreme Court of Pakistan's judgment.
The following amendments were, therefore, proposed in the Rules: (i) as per sub-para (iii) of Para 84 of the judgment, whereby, the Federal Government has been defined as the Cabinet, in clause (a), sub-rule (1) of rule 15, the words contained in note "of the Cabinet or" may be omitted. Resultantly, the cases involving departure from a previous decision of the Cabinet shall be brought before the Cabinet; (ii) in rule 16, in sub-rule (1), after clause (I) the following new clause may be inserted, and thereafter the existing clause (m) shall be re-numbered as clause (n) and (m) cases involving departure from a previous decision of the Cabinet; (iii) in pursuance of judgment (bid, rule 16(2) of the Rules of Business, 1973 may be deleted; and (iv) (d) Serial number. 1B of Schedule V-A may be deleted as it is now prerogative of the Cabinet to frame rules for the convenient transaction of business of the Federal Government.
According to the Cabinet Division, since the proposed amendments aim to implement the decision of Supreme Court, they are in consonance with section 230 of the Election Act, 2017. The Ministry of Law & Justice has also endorsed the amendments in the Rules of Business, 1973.
The Cabinet Division proposed that the cabinet may approve the amendment to the Rules of Business, 1973. Necessary amendment in the rules will be made through SRO Notification after vetting by the Law & Justice Division.
However, the caretaker cabinet maintained that since Abbasi led cabinet deferred the proposal the incumbent cabinet cannot approve it. After hearing the viewpoint of caretaker cabinet, the Cabinet Division withdrew its summary.