Advisers cannot exercise ministers’ power: SHC rules

Court also rules that advisers to the chief minister can not be allotted portfolios of government departments.

KARACHI:

Advisers to the chief minister can neither be allotted portfolios of government departments, nor can they exercise the power of ministers, the court ruled on Thursday.

Sindh High Court chief justice Mushir Alam, who was heading the bench, observed this while disposing of the review petition filed by the Sindh government.

Earlier, the court received a petition pointing out that the chief minister had 17 advisers, when he is legally allowed only five. The court had disposed of the petition on May 30, 2011, but the government sought a review.

On Thursday, additional advocate general Adnan Karim Memon argued that the advisers can be delegated powers to work. “If they’re not delegated powers, what would they do? Would they work in the air?”

He pleaded the court allow delegation of powers to advisers, even if it limits their number to five. The petitioner’s lawyer opposed this suggestion and said that advisers cannot be allowed to run the government.

The bench disposed of the petition observing that “Article 129 does not allow the chief minister to act through advisers.”

Published in The Express Tribune, January 11^th, 2013.