Where is the law? Court wants copy of law allowing more than 11 cabinet members

SHC hears petition challenging 'excessive' number of ministers, advisers

KARACHI: The Sindh High Court (SHC) directed on Wednesday a petitioner and the provincial advocate-general to submit in court a copy of the law, if such a law exists, which allows the chief minister to appoint more than 11 members in his cabinet.

SHC Chief Justice Sajjad Ali Shah, who headed the two-judge bench, questioned the provincial government's top lawyer while hearing a petition challenging the appointment of an excessive number of the ministers, advisers and special assistants appointed by CM Murad Ali Shah since he assumed office in July this year.

Advocate Maulvi Iqbal Haider had filed the petition, arguing that such excessive appointments have been made in gross violation of Article 130 (6) of the Constitution, which stipulates that the strength of the cabinet must not exceed 11% of the total membership of the assembly.

CM Shah appointed 17 provincial ministers, advisers and special assistants in the first phase on July 30 and then further expanded his cabinet by appointing nine more ministers and 11 special assistants in the second phase, said the petitioner.

In the plea, Haider had argued that after the 18th Amendment, the strength of the cabinet could not be more than 11% of the total members of the assembly. He added that according to Article 92 and Article 130 (11), CMs and the prime minister are only allowed to appoint five advisers each.

The petitioner had, therefore, requested the court to declare the excessive appointments illegal and also sought their suspension 'as they are a heavy burden upon the taxpayers'.

During Wednesday's proceedings, the petitioner partially argued his plea. The bench directed the petitioner and the advocate-general of Sindh to submit a copy of the law that permits appointing such a large number of ministers, advisers and special assistants.

The next hearing was fixed on November 22.

Published in The Express Tribune, November 10^th, 2016.