As Senator Anwaar ul Haq Kakar surrenders his party membership and relinquishes his Senate position, the move follows the alarms raised by legal and political experts nominating a lawmaker with known political affiliation could compromise the interim government's ability to function in a non-partisan manner.
Before his decision, there were already growing concerns over the appointment of a lawmaker with known political affiliation, which some experts feared could compromise the neutrality of the caretaker government.
While they noted there may be no explicit prohibition in the Constitution that prevents a sitting senator from becoming caretaker PM, critics argued that it went against the spirit of both the Constitution and the Election Act that envisage a free, fair and impartial caretaker government, providing a level playing field for all political parties.
However, other experts contend that since there was no specific mention of this issue in the Constitution, the appointment of the caretaker PM was in accordance with the law.
‘Subject to challenge in court’
Retired Justice Wajihuddin Ahmed, speaking to The Express Tribune, highlighted that according to the Constitution of Pakistan, anyone who has previously served as caretaker premier, chief minister, or their ministers, as well as their immediate family members, are barred from contesting elections.
Considering the Election Act’s aim to ensure an impartial government for holding free and fair elections, the appointment of a sitting senator as caretaker PM could be seen as a violation of the law and may be challenged in court, Justice Ahmed said.
PILDAT President Ahmad Bilal Mehboob also raised doubts about the legitimacy of the nomination. He argued that the basic purpose of a caretaker government was to be non-partisan, and having an active political member in such a role raises concerns.
Mehboob believed that this nomination was against the spirit of the Constitution, as the caretaker government should be impartial, citing the Election Act 230 1(D).
On the other hand, senior lawyer and former SAPM to the outgoing government, Irfan Qadir said that since in the Constitution there were no criteria defined for eligibility for the caretaker PM, that bars Kakar from becoming a PM, thus his appointment was completely legal.
He said that Article 4B of the Constitution defines the rights of individuals in subsection 2(B) reads “no person shall be prevented from or be hindered in doing that which is not prohibited by law….”.
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