Problematic experiment
The writer is a researcher on parliamentary and electoral affairs. He tweets @dnananjum
Another caretaker cabinet assumed office on August 17, 2023, with the responsibility of governing the country until elections are held. However, the election timeline remains uncertain as the processes of delimitation, electoral rolls update and subsequent election programme are expected to consume a substantial amount of time, consequently pushing the election day beyond the constitutionally-mandated 90-day period.
Since 2010, Pakistan has established guidelines for the appointment and functions of caretaker governments. Between 2010 and 2013, the 18th and 20th Constitutional Amendments abolished the previous presidential authority to appoint caretaker administrations. Instead, the leaders of the house and the opposition are required to mutually agree on the caretaker Prime Minister. In case of disagreement, the matter is referred to a parliamentary committee, which includes members from the treasury and opposition parties. Ultimately, if a consensus is not reached, the Election Commission makes the final decision. A neutral caretaker aims to assist the Election Commission in ensuring free and fair elections and minimizing electoral disputes.
Under the Elections Act of 2017, the caretaker government was granted limited authority to handle routine matters while restricting its influence over major policy decisions, contracts, bureaucratic changes and international commitments. However, a recent amendment has extended the caretaker government’s powers, enabling it to make decisions regarding existing bilateral or multilateral agreements and projects initiated under the Public Private Partnership Authority Act of 2017, the Inter-Governmental Commercial Transactions Act of 2022, and the Privatization Commission Ordinance of 2000. Given the historical precedent and the continued existence of caretaker governments in KP and Punjab, which have operated beyond the constitutionally-permitted timeframe, some political analysts interpret this recent amendment as an indication of an extended tenure for the caretaker setup.
Historically, the caretaker system seemed to have not worked well for Pakistan ever since they have been installed in the country in August 1990. In the past, caretaker setups have been employed to influence electoral outcomes by state actors, casting doubts on their impartiality. During the last two electoral cycles, major rigging controversies emerged after the 2013 and 2018 elections. However, in 2018, there were no significant controversies related to the decisions made by the caretaker government or its involvement in election rigging. Similar instances of caretakers-related issues have arisen in other South Asian countries, such as Bangladesh. Such learnings suggest that the existing system in Pakistan either needs major improvements or should be entirely replaced, a process requiring constitutional amendments. Pakistan may draw lessons from India, where the Prime Minister and Chief Ministers operate with limited powers during election periods. This was also the case in Pakistan until the revival of the Constitution Order (P.O.14 of 1985).
The recent caretaker government, led by Anwar-ul-Haq Kakar, appeared to be strategically positioned to make harsh decisions in response to the IMF’s programme, and to exert control over a particular political party, potentially impacting the outcome of the upcoming general elections. However, the notion that a technocratic setup can effectively address Pakistan’s profound economic and governance challenges may not prove sustainable in the long term. Such actions have the potential to erode democratic institutions and the very essence of democracy, ultimately compromising its true spirit. Considering Pakistan’s current economic condition, it is unwise to take up yet another experiment at this critical juncture, as doing so could exacerbate unrest and instability in the region. The most viable path forward for Pakistan is to nurture an elected government that genuinely represents the will of the people and establish systems that foster development and prosperity.
Published in The Express Tribune, September 4th, 2023.
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