Case Details

Citation(s)
2013 SLG 1630 2013 SLD 1630 2013 SCMR 1205
Supreme Court of Pakistan
Constitution Petition No.30 of 2013 and C.M.As. Nos.2991 and3015 of 2013 in Constitutional Petition No.23 of 2013 alongwith Civil Miscellaneous ApplicationsNos.3331...............
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., IJAZ AHMED CHAUDHRY AND GULZAR AHMED, JJ
Miangul Hassan Aurangzeb, Advocate Supreme Court and Syed Safdar Hussain, Advocate-on-Record assisted by Syed Ali Shah Gilani, Advocate for Petitioner. Muhammad Shoaib Shaheen, Advocate Supreme Court for Applicant (in C.M.A. No. 3331 of 2013). Shah Kh

Khawaja MUHAMMAD ASIF

VS

FEDERATION OF PAKISTAN and others

Law:

Section:

(a) Constitution of Pakistan---Art. 224(1A)---Care-taker Government---Functions and powers---Scope---Caretaker Government was required to perform its functions to attend to the day-to-day matters, which were necessary to run the affairs of the State and also to watch the national interests, etc.---Caretaker Cabinet/Prime Minister was empowered to carry out only day-to-day affairs of the State with the help of the available machinery/resources/manpower and also to watch national interest against war or national calamity or disaster faced by the nation, including terrorism, etc.---Caretaker Government was not authorized to make decisions/appointments having effect on the working/policies of the future Government, which was likely to take over after the elections---Apart from providing assistance to the Election Commission in organizing free, fair, honest and just elections in the country, Caretaker Government was not vested with the authority to take decisions concerning the affairs of the Government, which were bound to pre-empt the scope and sphere of activity, powers and jurisdiction of an elected Government---Caretaker Government/Cabinet had to confine itself to the running of the day-to-day administration of the State, and, it might take decisions required for ordinary orderly running of the State, but decisions having far-reaching effects should only be taken in extraordinary circumstances, like in war, earthquake, floods, etc.---As newly elected Government was mandated to perform its functions of achieving the object and purpose of welfare of the people for which it had been duly appointed, therefore, Caretaker Cabinet/Government/ Prime Minister, having no mandate of public support, was only caretaker set up and due to such connotation should detach itself from making permanent policies having impact on future of the country---Although there might not be any express restriction on the powers of the Caretaker Government by the Constitution itself, but a major policy-decision which could await the formation of regularly elected Government without causing any disruption or danger to the functioning of the State or orderly running of the country should be left…
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