As the Pakistan constitution wrangle drags on in court, all eyes are on the Supreme Court. However, another constitutional duty that needs to be performed before you can say Jack Robinson is the agreement upon a person to be considered for appointment as the caretaker Prime Minister. The constitution clearly stipulates the selection procedure for the appointment of the interim Prime Minister; however, the process is not without its bureaucratic inevitabilities.
According to the constitution of Pakistan, after the dissolution of the National Assembly on completion of its term or in case it is dissolved, the President or the governor, as the case may be, shall appoint a caretaker cabinet. However, the Prime Minister of the caretaker government needs to be decided in consultation with the outgoing Prime Minister and the leader of the Opposition. In case the Prime Minister and the leader of the Opposition of the outgoing National Assembly do not agree on any person to be appointed as the caretaker Prime Minister, within three days of the dissolution of the National Assembly, they shall forward two nominees each, to a committee to be immediately constituted by the Speaker.
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The committee should comprise of eight members of the outgoing National Assembly, or the Senate, or both, having equal representation from the Treasury and the Opposition. The committee members of the Treasury and the Opposition are to be nominated by the Prime Minister and the Leader of the Opposition, respectively. The committee constituted shall finalize the name for the caretaker Prime Minister within three days of the referral of the matter to it. If, in any circumstance, the committee is unable to finalize a name for the caretaker Prime Minister, the matter shall be referred to the Election Commission of Pakistan for a final decision within two days of the referral.
During all this, the outgoing Prime Minister shall continue to hold office until the appointment of a caretaker Prime Minister.
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A letter has been sent out to both, the incumbent Prime Minister and the leader of the Opposition, to propose a name each, for consideration for appointment to the executive office. Prime Minister Imran Khan has proposed the name of former Chief Justice, Justice Gulzar Ahmed, to be considered for appointment as the caretaker Prime Minister. The leader of the Opposition, however, says that he has not “officially” received a letter from the President.
Pakistan’s last caretaker Prime Minister was Justice (R) Nasirul Mulk, who was selected to be the caretaker PM in 2018. Mulk was selected as the caretaker PM after six rounds of deliberations between the Treasury and the Opposition. Before that, a venerated officer, Justice (R) Mir Hazar Khoso was selected as the caretaker PM in 2013. He was preceded by Muhammad Mian Soomro (2007-2008), Malik Meraj Khalid (1996-1997), Moeenuddin Ahmad Qureshi (1993), Balakh Sher Mazari (1993), and Ghulam Mustafa Jatoi in 1990, respectively.