Question of power

The Supreme Court has upheld the power of the cabinet vis-a-vis the prime minister, after a three-member bench rejected a review petition on the SC’s previous decision (given in August this year) to clip the powers of the PM to act without consulting the cabinet in legislative or financial matters. The government’s decision to contest the earlier SC ruling was a strange one, especially since it has been the one touting itself as the saviour of democracy in Pakistan. The government presented it as a matter of principle but the SC rejected the petition out of hand, noting that giving discretionary powers to the PM would be akin to creating a monarchical form of government. If one looks closer into the matter, it becomes clear that what is being presented as a matter of principle is in reality about giving tax exemptions to certain sectors in the economy. The SC ruling in August technically rejected the PM’s ability to issue the SROs, which gave tax exemptions to the textile and cellular services sectors. Instead of asking the SC to review its decision, the government should instead have attempted to strengthen the consultative process within the cabinet and the legislature.

The mere fact that the government is asking for discretionary powers for the prime minister is a troubling one. The grounds submitted by the government were flimsy at best. One of the arguments presented was that the SC judgement had ended the distinction between the federal government and the cabinet. Moreover, they argued that the constitution mandated a strong chief executive and raised the fear of a ‘constitutional crisis’. If any such crisis occurs, the government itself will merely have manufactured it. There is no reason why the PM cannot turn to the cabinet for approving SROs and any other fiscal or financial measures. It is something that every PM committed to democracy and consensus-based governance must do. We have already opposed the practice of giving out discretionary SROs and supplementary budget. There should be some sanctity in the consultative process with which fiscal measures and spending priorities are decided at the start of every financial year. It is the sign of a weak chief executive if they keep issuing new orders on their own terms. Why should the PM be able to sanction fiscal or financial imperatives without cabinet approval? It is not a decision to go to war. The government would be well advised to let the matter be put to rest and concentrate on improving the processes with which such decisions are made.