29/07/2023
Analyzing CARETAKER GOVERNMENT SYSTEM in Pakistan
# Very important for CSS Subject: Pakistan Affairs, Political Science, and Constitutional Law
Brief overview and history :
* No constitutional provision for C.G by framers of Const. 1973 of Pakistan
* System of C.G injected into Const. Through RCO given by Gen. Zia ul Haq (Military dictatorship)
* Charter of democracy (2006) signed btw democratic parties endorsed System of C.G
=> Legal positions:
* Section 31 of charter : Explicitly calls for 'neutral' CG
* Mandate: 90 days; contribute to free and fair elections
* Section 230 of Election Act 2017 : CG can't take long term policy decisions
=> Analyzing CG in Pakistan:
C.G in Pak is viewed with increased skepicism; It requires reforms for better CG System
1. Most of CG PMs in Pak history had political leanings
2. 90 day mandate is extended for pol. Gains (Punjab and KPK now)
3. Non neutrality (Partisanship of KPK CG publicly confessed by PDM, dismissal of one minister by ECP)
Also, Proposing Ishaq Dar, PMLN member, for CG PM
4. Runs counter to preamble of Const. Of Pakistan, that is: State to exercise powers through elected representatives of people
*Recent Amendment to section 230 of E.Act 2017 enhanced powers of CG.
Given Case Studies of CG System :
1. Bangladesh; erstwhile eastern wing
2. India
Analysis:
CG not meeting its responsibilities; Being used as pol. tool; Non neutral and Failed to guarantee free and fair elections
Near possibilities: May be faced with extention beyond 90 days mandate -> Deferred elections
Hence, Two choices: 1. Wind up prevailing flawed CG system
2. Reform CG system to make it strictly neutral
3. India's model: Elected govt to continue with restricted powers under watchbof Election Commission
Deconstructed by: Baqir Ali
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