Govt may appeal SC’s August 18 judgment

ISLAMABAD: The federal government has decided to appeal the top court’s recent judgment that clipped the prime minister’s powers of taking solo decisions on fiscal matters.

“If we accept the judgment, it will not be possible to run the government smoothly,” a senior government functionary said while speaking with The Express Tribune on the condition of anonymity.



The official said that giving the cabinet more leverage would mean slowing down the day-to-day working of the government. He added the implications of the judgment equally applied to the General Headquarters (GHQ) and the provincial governments.

He said the matter would be formally placed before the cabinet and its approval would be sought for filing a review petition in the Supreme Court.

“Imagine if there was a coalition government, wouldn’t the minor party have a trump card in its hand? There will be constant blackmailing,” he claimed while expressing his apprehensions.

The official added both the federal and provincial cabinets would have to be in session 24 hours and the prime minister and chief ministers would not be able to take any steps without the prior approval of the cabinet. “All these practical difficulties will be highlighted in the review petition,” the official said.

A senior law officer questioned if the Supreme Court’s registrar could act under the stipulated rules, then what was wrong when a secretary or a minister took decisions under the rules of business.

“The SC verdict is contrary to international norms as the US president enjoys unlimited fiscal powers,” he claimed.



Fearing drastic implications of the apex court’s judgment, the law officer recommended that the federal and provincial governments challenge the verdict.

On August 18, the top court declared the prime minister could not act unilaterally on financial issues or approve any ordinance without first gaining the federal cabinet’s approval.



The ruling came after apex court judges heard appeals filed by the importers of cellphones and textile goods. Through constitutional petitions, the appellants had challenged certain government decisions on imposing sales tax.

Barrister Ali Zafar, who appeared as amicus curiae in the case, rejected the notion that day-to-day affairs of the government would be slowed down.

“I think the officials have not read the judgment. I do not see anything which may affect the functioning of the federal or provincial governments,” he said.

Zafar, who is the Supreme Court Bar Association president, explained the government enjoyed two types of executive powers with one used by the prime minister and his cabinet and the other delegated to the secretaries. “The government can amend the rules of business at its convenience,” he suggested.

The Supreme Court in its judgment also endorsed the stance of Barrister Zafar.

Legal experts believe the apex court through this verdict has actually elaborated the functioning of the parliamentary system of government, where the cabinet should be taken on board in every important decision.

Usually the prime ministers use their discretion while sending summaries to the president to promulgate ordinances, assuming an anticipatory approval of the cabinet.

The government would now have to get the cabinet’s approval before promulgating ordinances or before issuing orders of financial nature or any such move would be considered illegal.

Published in The Express Tribune, August 21^st, 2016.