What will be the fate of incumbent governors after 31st?

ISLAMABAD: What will be the fate of four provincial governors, appointed by the federal government, which is leaving office on May 31 at the end of its five-year tenure, during the 60-day caretaker regime?

Will they quit on their own as the tenure of their appointing authority – the prime minister belonging to the Pakistan Muslim League-Nawaz (PML-N) – expires on May 31? There is no tradition or practice of quitting the position voluntarily. No tenure period for governors is always fixed nor is it specified in the Constitution or law.

The governors, according to the Constitution, are just figureheads, having nothing to do with politics in spite of belonging to a political party. It is not clear whether or not the next caretaker prime minister will let the present governors continue or replace them with his choice and whether he has powers to take decisions about the governors’ fate. Since their appointment, all the governors, named by the current federal government, have been performing their ceremonial functions only, avoiding politics. Only Sindh Governor Muhammad Zubair has at times made efforts to improve the PML-N in this province but his initiative did not fuel any political controversy, forcing his rival parties to take exception to his moves.

Khyber Pakhtunkhwa (KP) Governor Zafar Iqbal Jhagra and Punjab Governor Malik Rafiq Rajwana are known to have played no role for the PML-N in their provinces or elsewhere. Same has been the policy of Balochistan Governor Muhammad Khan Achakzai, elder brother of Pakhtunkhwa Milli Awami Party (PkMAP) Mehmood Achakzai, who has never even politically registered his presence in the gubernatorial position. As usual, he remained nonchalant, clueless and oblivious when the PML-N and its allies’ government was being brought down in Balochistan. Under article 101 of the Constitution, a provincial governor is appointed by the President on the advice of the prime minister. Thus, the president doesn’t have much say in such nominations and has to accept the advice of the premier.

Does the interim premier actually possess legal powers to remove the governors and appoint their replacements? The answer is in the negative as a cursory reading of the Elections Act, 2017, which governs the functions of the caretaker government, makes it clear. Its only job is to assist the Election Commission of Pakistan (ECP) to hold parliamentary polls in a fair, free and transparent manner.

The interim setup is strictly barred from taking policy decisions, preempting the government that will come in place after the general elections for which the caretakers are appointed.

Section 230 of the Elections Act says a caretaker government will perform its functions to attend to day-to-day matters which are necessary to run the affairs of the government; assist the ECP to hold elections in accordance with law; restrict itself to activities that are of routine, non-controversial and urgent, in the public interest and reversible by the future government elected after the polls; and be impartial to every person and political party.

The interim government will not take major policy decisions except on urgent matters; take any decision or make a policy that may have effect or pre-empt the exercise of authority by the future elected government; enter into major contract or undertaking if it is detrimental to public interest; enter into major international negotiation with any foreign country or international agency or sign or ratify any international binding instrument except in an exceptional case; make promotions or major appointments of public officials but may make acting or short term appointments in public interest; transfer public officials unless it is considered expedient and after approval of the ECP; and attempt to influence the elections or do or cause to be done anything which may, in any manner, influence or adversely affect the free and fair elections. The PM, CM or a minister or any other members of a caretaker governments will, within three days from the date of assumption of office, submit to the ECP a statement of assets and liabilities including assets and liabilities of his spouse and dependent children as on the preceding 30th day of June and the ECP will publish the statement of assets and liabilities in the official Gazette.