The JI, QWP and independent candidates will get nine slots, leaving the PTI with about six berths in Khyber-Pakhtunkhwa, PHOTO: REUTERS/FILE
A crucial amendment made to Article 130 of the Constitution, which reduces the size of provincial cabinets to 15 ministers, will be effective for the formation of the incoming provincial government.
Clause 130 (6) introduced by the 18th Amendment defines the size of the cabinet. It states the cabinet will be collectively responsible to the provincial assembly and that its total strength shall not exceed whichever is higher, 15 members or 11 percent of the provincial assembly’s total membership.
A proviso stated this limit will be effective from the next general elections following the Commencement of the Constitution Act of 2010 (18th amendment).
Exactly how this amendment will impact political manoeuvres during the formation of a coalition government, where political parties are vying to gain cabinet berths, is yet to be seen.
“Political parties previously got what they wanted. However, now they have to bargain within the ambit of the Constitution,” said Ahmad Bilal Mehboob, Executive Director of the Pakistan Institute for Legislative Development and Transparency (PILDAT). Mehboob pointed out the effectiveness of the amendment depended on politicians’ good will, as there were many ways to bypass such a restriction.
Regardless, he termed this amendment to be a good step in restricting the strength of the provincial cabinet. Mehboob explained the addition to the article represented popular sentiment, as the general public has been hostile to large cabinets. He also claimed the addition was likely to impact larger parties in the coalition setup because they would have to concede more seats to allies.
Fahim Wali, a lawyer, also maintained politicians could easily avoid this restriction. He said they could still appoint special advisors, parliamentary committee chairmen and even close relatives to lucrative posts.
“They can even adjust the number of simple majority as politicians are well ahead of the Constitution in such matters,” Wali quipped.
How the Pakistan Tehreek-e-Insaf (PTI), which is going to form a government with the help of the Jamaat Islami (JI), Qaumi Watan Party (QWP), and successful independent candidates, is going to tackle this legal restriction is yet to be seen. The JI has been offered at least three cabinet slots including finance and education along with Zakat, Usher and Auqaf. Meanwhile, the QWP is also pegged to get a similar number of slots and independent candidates will receive one or two ministries. This leaves the PTI with seven to eight ministries in the province.
PTI Provincial Secretary Information Aqeel Razaq said the amendment was not likely to have any impact on his party in forming the provincial government. He said the PTI cabinet would comprise of 15 ministers plus a speaker and deputy speaker. The JI, QWP and independent candidates will get nine slots, leaving the PTI with about six berths in Khyber-Pakhtunkhwa, he added.
Published in The Express Tribune, May 17th, 2013.
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ET shouldn't forget to highlight the fact that the idea of giving education & finance to JI are mere rumors at this point since Shireen Mazari (PTI's information secretary) herself negated this development yesterday. These two are very strategic ministries and make for important planks of PTI manifesto implementation. So, it is unlikely that PTI will give up on them so easily.