Pakistan is set to pick a caretaker prime minister and cabinet this week to run the country during the intervening period before a new government is elected for a five-year term. However, with the possibility of election delays looming large and a behind the scene power struggle, the appointment of a caretaker government has become all the more important.
The National Assembly is likely to be dissolved on Wednesday, August 9 — three days before it completes its five-year term.
After that, Prime Minister Shehbaz Sharif and Opposition Leader Raja Riaz have to agree on the name of the caretaker prime minister within three days. If this agreement is not reached, the matter may drag on and in the meantime, Shahbaz Sharif will continue to serve as the prime minister.
For the dissolution of the National Assembly, a summary has to be moved by the prime minister to the president, who will approve it under Article 58(1) of the Constitution. Even if President Arif Alvi, who is from Imran Khan’s PTI, refuses to approve, the assembly will be considered dissolved 48 hours after the summary is sent.
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That is, if Shahbaz Sharif sends the summary on the morning of Wednesday, August 9, the assembly will be dissolved on the morning of Friday, August 11. Thus, the National Assembly will be dissolved before the completion of its term in any event.
If the assembly completes its term, it becomes mandatory to hold fresh elections within 60 days under Article 224(1) of the Constitution. As the current ruling coalition wants to get more time for elections, the assembly is being dissolved before completing the term. This will allow the Election Commission of Pakistan (ECP) to hold the election in 90 days, instead of 60 days.
Under Article 224(1A), the caretaker cabinet is to be appointed by the President in consultation with the outgoing prime minister and the leader of the opposition.
If the outgoing prime minister and the leader of the opposition do not agree on the name of the caretaker prime minister, Article 224A of the Constitution will apply.
Under 224A, the prime minister and the leader of the opposition will propose two names each to an eight-member committee constituted by the speaker of the National Assembly.
The committee may include members from both the Senate and the National Assembly, drawing four members from the treasury and four from the opposition benches.
If this committee fails to agree on a caretaker prime minister within three days, the matter will be referred to the Election Commission.
However, it is more likely that Shahbaz Sharif and Raja Riaz will agree on a caretaker prime minister. If this does not happen, Shahbaz Sharif will remain the prime minister until a caretaker prime minister is announced by the committee or the Election Commission.
The appointment of the caretaker prime minister is significant this time because he or she may rule the country longer than the three months stipulated in the Constitution.
At least three federal ministers indicated on Monday that the general elections could be delayed until 2024.
