Govt amends Rules of Business to formalise Dar as deputy PM

ISLAMABAD: The Shehbaz Sharif government has amended Rules of Business 1973 in a bid to provide a legal basis for the appointment of Foreign Minister Ishaq Dar as Deputy Prime Minister.

The amendment — made on December 18, 2024 — introduces a new rule to provide for the position of Deputy Prime Minister. Earlier, these rules did not recognize any cabinet slot with the designation of Deputy Prime Minister.

The amendment introduced Rule 5(2A), which reads as: “1 (2A) The Prime Minister may, from amongst the Ministers, designate a Minister to be the Deputy Prime Minister and assign him such functions as he may deem appropriate for efficient performance of the functions of the Federal Government. In case a Minister had already been so designated, before the coming into force of this Notification, he shall be deemed to have been designated under this sub-rule.”

The new amendment in the Rules of Business validates Ishaq Dar’s appointment as Deputy Prime Minister from the date he was assigned the designation.

The constitution of Pakistan does not recognise the post of Deputy Prime Minister but there has been a few precedents in the past of such an appointment, which always trigger the debate of its legality. Now the Rule of Business provides for this position, to be assigned by the Prime Minister among any of the cabinet ministers. The constitution, however, still is silent about the office of Deputy Prime Minister.

Dar’s appointment as Deputy Prime Minister was challenged in different high courts for being “unconstitutional”. A division bench of Lahore High Court had sought, early this month, replies from federal government and law ministry on an intra-court appeal challenging the appointment of Senator Ishaq Dar as Deputy Prime Minister. It was argued that there is no provision in the constitution for the office of Deputy PM, therefore Dar cannot hold the position.

In a similar petition filed in Sindh High Court, it was contended that the titles of prime minister, caretaker prime minister and federal ministers were categorically mentioned in the constitution of Pakistan and in the Rules of Business but there was no provision for the designation of deputy prime minister.

The Cabinet Division on April 28 this year had issued notification giving additional charge of Deputy Prime Minister to Foreign Minister Ishaq Dar. The notification said that the appointment was made by the Prime Minister “with immediate effect and until further orders”. The Rules of Business, 1973 provide the framework for the functioning and management of the federal government. These rules were established under Article 99 of the Constitution of Pakistan, which empowers the President to make rules for the allocation and transaction of business within the federal government.