According to the latest notification, Pakistan Peoples Party (PPP) MPA Murtaza Baloch, who recently won the by-election on the Malir-based PS-127 seat, has been appointed as special assistant to chief minister on katchi abadis while Qayoom Soomro has been made special assistant of religious affairs, zakat and ushr.
After the new additions, the size of the cabinet stands at 39 - 18 ministers, four advisers and 17 special assistants. The advisors and special assistants enjoy the status of ministers. The 18th Amendment restricts the provincial government to have only 11% of the members of the provincial assembly, which comprises 168 members, in the cabinet. According to the law, the Sindh government can have only 18 minister and five advisers. Constitutional experts believe that advisers and special assistants are not entitled to hold portfolios and cannot attend cabinet meetings. However, additional advocate-general Mustafa Mahesar insists that the decision of the government is in light of the Constitution.
"We have 18 ministers and four advisors," he said. "It means the law permits us to appoint one more adviser in [the] provincial setup." He added that there was no restriction in the law regarding appointment of special assistants. When asked if the adviser or special assistant can have status equal to a minister, he defended the government. "They can have portfolios and attend the cabinet meeting," he said.
Meanwhile, advocate Moulvi Iqbal Hyder, who has challenged the appointment of the excessive number of cabinet members in the Sindh High Court, said that it was a gross violation of Article 130 of the Constitution, which ensures that the government does not exceed its cabinet from 11% of the total assembly membership. "No one except the ministers can hold portfolios and attend cabinet meeting," he said, adding that five advisers can be appointed but it is illegal to allot them ministerial portfolios.
Published in The Express Tribune, September 25th, 2016.
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