The Pakistan Democratic Movement (PDM) government’s unbridled nepotism continues unabated in the name of so-called austerity measures at a time when the country’s total debt and liabilities have swelled to over Rs59.7 trillion, foreign exchange reserves have fallen to historic lows and the economic pressure is hard-hitting even the most basic needs of the world’s fifth most populous country of over 230 million inhabitants.
The State Bank of Pakistan (SBP) data has recently revealed that the hike in public debt alone was Rs9.3 trillion in the past fiscal year as it swelled to a record Rs49.2 trillion by end-June last year. Amidst such nerve-wracking national challenges, Prime Minister Shehbaz Sharif on 08-02-2023 appointed seven more Special Assistants to the Prime Minister (SAPMs) on a pro bono basis, thereby increasing the number of cabinet members to 85.
The SAPMs have illegally, unconstitutionally, and arbitrarily been appointed at a time when our cash-strapped country is on the brink of a debt default, grappling with exploding inflation and a resurgent terror threat across. We are facing a shortage of raw materials and a severe liquidity crunch amidst thousands of containers of supplies stranded at its ports due to a shortage of funds. Also, several companies have had to halt their operations causing joblessness in the country where already unemployment is at its lowest level. The position of foreign exchange reserves is also critical; and owing to the multi-decade inflation, the overall demand has become gradually lower.
Affected by these multiple crises, Pakistan’s largest car manufacturing company Pak Suzuki Motor Co. Ltd. decided to extend the shutdown of the automobile plant till February 21. Ghandhara Tyre & Rubber Company has already shut its plant because of “immense hurdles towards importing raw materials and obtaining clearance of consignments from commercial banks”. Besides several other companies, facing an inventory shortfall, have shut down their operations indefinitely or intermittently. In addition, the consistent depreciation of the rupee is deepening the economic crisis.
The data released by the Pakistan Bureau of Statistics (PBS) shows the weekly inflation advanced to 41.07 percent on a year-on-year basis on the back of sugar, edible oil, and vegetables. Meanwhile, short-term inflation was still on the higher side. It will further increase when the full impact of electricity tariff increases will be passed on to the already affected people.
The government has been taking cruel measures under International Monetary Fund (IMF) conditions that are expected to further cool the economy and stoke inflation. The hike in SBP’s interest rate and general sales tax from 17 percent to 18pc will further jack up the retail price of daily-use items. As a result, the world is comparing Pakistan’s condition to Syria and Libya.
Uzair Younus, the director of the Pakistan Initiative at the Atlantic Council’s South Asia Centre said, “This is a country of 220 million people, with nuclear weapons and serious internal conflicts and divisions.” He maintained, “The world didn’t like the outflows of refugees and weapons that came from countries like Syria and Libya. In comparison, Pakistan’s magnitude is larger and more consequential.”
Article 38 of the Constitution of the Islamic Republic of Pakistan, 1973 (Constitution) provides for the promotion of the social and economic well-being of the people. It provides that the state shall “secure the well-being of the people irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants.”
Not to speak of the promotion of social and economic well-being of the people, the government is hell-bent on hitting the people to the bone financially this time by appointing new SAPMs further burdening the poor nation.
With the new appointments, the Pakistan Democratic Movement (PDM) government violated fundamental rights, especially, Articles 9, 10A, 14, 25, 4, and 5 of the Constitution. Various notifications issued by the Cabinet Division stated that the prime minister, in terms of the Rules of Business, 1973 has been pleased to appoint several persons as SAPMs with the status of Minister of State, with immediate effect. The appointments are on a pro bono basis. The fundamental rights of the people as well as the duties of the executive organ of the state under Articles 29 and 38 (a) of the Constitution have been breached.
It is self-evident that if a person does not uphold the Constitution and the people’s sacred trust and the same acts in contravention thereof cannot be said to bear “true faith and allegiance to Pakistan”. So, anyone who flouts the will of the people, either, dishonestly or faithlessly, may be liable to removal from his office, and action under Article 6 of the Constitution needs to be taken against him.
Before making SAPMs’ appointments, the constitutional obligations in terms of binding verdicts issued by the Supreme Court in 2022 SCP 268, 2013 SCMR 1159, 1997 SCMR 1043, and 1996 SCMR 1349 have not been fulfilled. These notifications, regarding the appointment, are in direct violation and disregard binding verdicts passed in 2022 SCP 268, 2013 SCMR 1159, 1997 SCMR 1043, and 1996 SCMR 1349.
In addition, no competent authority/forum examined the said persons’ profiles, educational background, professional qualifications, working experience, and professional exposure to handling matters about transparency, corrupt practices, and sharing of information. The SAPMs’ appointment was made against the principles set out by the Superior Courts as, prima facie, principles of merit, transparency, and level playing field were not followed before the anti-public decision. Likewise, the principle of ‘fit and proper person’ has been ignored while making the appointments.
In a case, reported as, 2018 CLC 530 whereby appointment of Absaar Alam, then PEMRA chairman, was challenged and later decided by Justice Shahid Karim of the Lahore High Court. The judgement further enunciates and elaborates the criteria by which the selection of candidates is to be made. The court remarked, “As per High Court guidelines, high-level appointments must conform to settle principles of propriety, transparency, and objectivity.”
Even for the post of director, strict criteria are followed to find a ‘fit and proper person’. The candidate should be at least a graduate; must have professional experience; financial integrity; competence; no convictions or civil liabilities; good reputation and character; and traits of efficiency and honesty. It is also compulsory that candidate does not suffer from any disqualification or a conflict of interest. The aforesaid criteria of fit and proper person that impose personal, professional, and moral standards of merit should also be applied before the appointment of SAPMs.
In another case, titled, PLD 2012 SC 132, it was held that when an executive uses his/her discretionary powers to make appointments to key positions of authority, those powers have to be employed reasonably.
It is to be noted that even where appointments are to be made in the exercise of discretionary powers, it has become well settled that such powers are to be employed reasonably and the exercise of such powers can be judicially reviewed.
All notifications for the appointment of SAPMs are illegal and arbitrary as these are based on non-application of mind, vague and unstructured discretion, and negation of merit, and transparency; rather are specifically made on a political basis. At the same time, these notifications violate Rules of Business, 1973, and Articles 4 & 5 of the Constitution and are in total negation of the parameters/boundaries and restrictions imposed by Article 92 for maintaining the total strength of ministers to the tune of 11
Regarding the appointment of officers, Supreme Court in its judgment re Constitution Petition No. 23/2012 found “a remarkably eloquent exposition of the principles of good governance in the Epistle of Hazrat Ali to Malik ibn Ashtar, the Governor of Egypt. The revered Khalifa, may Allah be pleased with him, is reported to have said: “...give careful consideration to the selection of ... officers. Confirm them in their appointments after approval, apprenticeship, and probation. Never select men for responsible posts either out of any regard for personal connections or under any influence, for, that might lead to injustice and corruption.... select for higher posts men of experience, men firm in the faith. Such men will not fall easy prey to temptations and will discharge their duties with an eye on the abiding good of others.”
It is now as clear as daylight that the principles of transparency, level playing field, and the judgments of the superior courts have not been applied regarding the appointment of SAPMs but rather made in contradiction with the restrictions placed vide Articles 92 and 93 of the Constitution; therefore, the same should be declared null and void.