Govt to challenge SC verdict clipping PM’s powers

Advocate-on-Record confirms he will file review petition after Eid

ISLAMABAD: The government has prepared a review petition against a Supreme Court judgment that curtailed powers of the prime minister in fiscal matters. The apex court declared on August 18 that the prime minister could not act unilaterally on financial issues neither can he approve any ordinance without prior approval of his cabinet.

The review petition has been drafted by Additional Attorney General Waqar Rana, The Express Tribune learnt from sources in the office of Attorney General for Pakistan (AGP) on Monday. “Advocate-on-Record Faizur Rehman will file the petition. Rehman confirmed he has received the petition and would file it after Eid holidays.

Though the deadline for filing the review is September 18, Rehman said they have got two more weeks from the Registrar Office to submit the petition. He, however, hopes the review will be filed immediately after Eid.



In the petition, the government has contended that the 1973 Constitution itself gives discretionary powers to the prime minister; therefore, the court cannot curtail them. The government has also referred to a debate of the constituent assembly of 1947 regarding the powers of the prime minister.

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

Giving the cabinet more leverage would mean slowing down day-to-day working of the government, he added. The implications of the judgment equally apply to the GHQ and provincial governments. “Imagine if there is a coalition government, junior coalition partners have a trump card in their hands, and there will be constant blackmailing,” he said.

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

A senior law officer said if the Supreme Court’s registrar could act under stipulated rules, then what was wrong with a secretary or a minister taking decisions under the rules of business. “The Supreme Court verdict is contrary to international norms as the US president enjoys unlimited fiscal powers,” he claimed.



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

Legal experts believe the apex court has actually elaborated the functioning of the parliamentary system of governance, 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.

Meanwhile, after Eid vacations, the Punjab government through Khawaja Haris and Shahid Hamid will move an appeal against the Lahore High Court judgment disallowing construction on several segments of the Lahore Metro Train project.

Similarly, rights activist Asma Jahangir will challenge the apex court judgment, which upheld the conviction of 16 prisoners who were condemned to death by military courts for terrorism-related offences.

Published in The Express Tribune, September 13^th, 2016.