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Friday May 10, 2024

State affairs to be carried out normally in PM’s absence

By Tariq Butt
May 29, 2016

ISLAMABAD: All affairs of the state will be carried out in a normal manner in the prime minister’s absence from Pakistan because of his heart surgery and the recovery period in London. 

The federal cabinet can meet anytime under the chairmanship of any minister authorized by the premier to chair it. Similarly, it can hold a session for traditional approval of the budget before its presentation in the National Assembly by Finance Minister Senator Ishaq Dar.

Likewise, there is no binding prerequisite for a meeting of the National Economic Council (NEC) before the unfolding of the federal budget in the National Assembly as per the Constitution. The prime minister will, however, chair an NEC meeting from Pakistan High Commission London through video link on Monday a day before his surgery.

“There is no constitutional provision that stipulates the office of the acting prime minister,” a leading constitutional expert told The News. “However, a deputy premier can be appointed as was done during the tenure of the previous government.”

Nawaz Sharif can nominate a cabinet member as the senior minister. In the instant case, Ishaq Dar has this designation.

Under article 83 of the Constitution, the prime minister shall authenticate by his signature a schedule specifying the grants made or deemed to have been made by the National Assembly, and the several sums required to meet the expenditure charged upon the Federal Consolidated Fund (FCF) but not exceeding, in the case of any sum, the sum shown in the statement previously laid before the National Assembly.

The schedule so authenticated shall be laid before the National Assembly, but shall not be open to discussion or vote thereon. No expenditure from the FCF shall be deemed to be duly authorised unless it is specified in the schedule so authenticated and such schedule is laid before the National Assembly.

This happens only after the budget has been passed by the Lower House of Parliament.

It was made clear in an official statement issued on Nawaz Sharif’s direction that the prime minister is overseeing the affairs of the State as he is duly assisted by his principal and military secretaries and other staff members.

“The prime minister is kept abreast on routine matters and his directions are accordingly conveyed to the concerned quarters.

He is in constant contact with the federal ministers, cabinet members and other concerned. It is important to note that there are no postponements or delays in the matters pertaining to the routine functioning of the State.” The purpose of having his Principal Secretary Fawad Hassan Hassan with him in London is to pass necessary orders on urgent matters. Obviously, the secretary issues and communicates directions of the prime minister to all concerned whether he is in Pakistan or abroad.

The only time the prime minister will be disconnected, as every patient always does, from his official duties will be when he will be actually operated upon and the influence of heavy dose of medicines he will be under in the post-operation stage. In normal circumstances, this phase doesn’t go beyond a couple of days.

Many decades ago, the Constitution had contained a clause providing for the acting prime minister, but it was later scrapped.

Former premier Mohammad Khan Junejo, before leaving for a foreign visit, had once authorized his Law Minister Wasim Sajjad to preside over cabinet meetings, if needed.

On another occasion, Junejo had also empowered his Senior Minister Aslam Khattak to do so. Khattak had presided over a cabinet meeting with a lot of fanfare, presenting himself as de facto prime minister that he in fact was not.

It is not mandatory to convene the NEC before the federal budget. Under article 156, the president shall constitute an NEC which shall consist of the prime minister, who shall be its chairman, the chief ministers and one member from each province to be nominated by the chief minister; and four other members as the premier may nominate from time to time. The NEC shall review the overall economic condition and shall, for advising the federal and provincial governments, formulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans, it shall, amongst other factors, ensure balanced development and regional equity.

The NEC meetings shall be summoned by the chairman or on a requisition made by one-half of its members. The NEC shall meet at least twice in a year and the quorum for its meeting shall be one-half of its total membership.