PM may nominate Dar to chair cabinet meetings

ISLAMABAD: Prime Minister Nawaz Sharif may nominate Finance Minister Ishaq Dar to chair cabinet meetings in his absence.

A cabinet minister told The News here on Monday that a proposal for this move was under consideration of the government. To make it possible, the government will invoke Rule 20(3) & (4) of the Rules of Business.

The consideration is to issue a notification for this arrangement possibly on Tuesday before Prime Minister Nawaz Sharif’s open heart surgery in a London hospital.The Rules of Business provide for the holding of cabinet meetings in the absence of the prime minister besides allowing a federal minister to chair cabinet meetings. In case of the decision, the Cabinet Division will issue a notification.

While questions are being raised on whether the cabinet can meet without the prime minister and whether a federal minister can chair a cabinet meeting, the Rules of Business 1973 unambiguously say that the cabinet can meet even in the absence of the prime minister. Rule 20(3) of the Rules of Business 1973 as amended up to January 26, 2016 reads as:

“(3) The Prime Minister may authorise the holding of Cabinet meetings during his absence.”

Regarding the authorisation of a federal minister to the Rules of Business in Rule 20(4) explains: “(4) The Prime Minister shall preside at all Cabinet meetings. In the absence of the Prime Minister, a Minister nominated by the Prime Minister shall preside. The decisions taken in the Prime Minister's absence shall be subject to the approval of the Prime Minister, unless the Cabinet feels that a particular case is so urgent that immediate action may be taken in anticipation of the Prime Minister's approval.”

In the original 1973 Constitution, similar solutions to such situations are reflected in Article 95(3), which was deleted later. The said Article now deleted reads, “When the Prime Minister, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the most senior Federal Minister for the time being shall perform the functions of Prime Minister until the Prime Minister returns to Pakistan or, as the case may be, resumes his functions.”

Although the Article 95(3) was deleted from the Constitution, the Rules of Business were never amended to provide solution to such a situation. It is said that the Article 90 of the Constitution envisages that in the performance of his functions under the Constitution, the Prime Minister may act either directly or through the federal ministers.