Is Caretaker Government in Punjab Neutral?

The only constitutional role of a caretaker government is to remain neutral and conduct a fair and transparent elections.

Barrister Roman Awan

The 18th and 20th Amendments to the Constitution have made the choice of the caretaker Prime Minister, Chief Minister and Federal and Provincial Ministers more consultative and translucent. Then, the sole objective of the caretaker government is to ensure neutrality and hold transparent elections. Therefore, the caretaker governments must refrain from taking policy and long-term decisions. Their period is exclusive to ninety days, and their only objective is to hold transparent elections. Denying the constitutional and legal role is equivalent to negating the law and the Constitution.

The Constitution is the supreme law of the land. It is even more significant in the federations where federal units opt to remain united through a politically contracted agreement, the Constitution. Article One of the Constitution guarantees that Pakistan is a federal republic. Therefore, the will of the people is the sole obligation to govern. As a caretaker, governments need more representation of the people; therefore, they can not run the affairs of the government.   

However, this constitutional proposition has yet to be the case in Punjab and KPK. The caretaker governments are showing no intention to hold the elections. Bureaucracy, police and other public organizations have yet to be categorically conveyed to prepare for the polls. Several civil servants have told the republic policy that caretaker setups are not interested in holding elections, and the federal government runs the whole system. The federal intervention is making the appointments of bureaucracy and police of the provincial governments. The federal government controls the provinces through the appointments of the chief secretary and IG, as the federal government fills these positions from federal PAS and PSP officers.

Furthermore, the appointments of deputy commissioners, district police officers and others have been made to favour the political interests of the PMLN in Punjab and PDM in the province of KPK. Sources claim within the provincial bureaucracy that several officers have guaranteed the PMLN and PDM that they will serve their political interests if posted in lucrative positions. Unfortunately, these political appointments have further deteriorated the governance and holding of transparent elections. The federal government has directed the bureaucracy and police through the chief secretary and IG to work under the directions of the federal government. Notably, the titular caretaker governments are also part of the plan.

In Punjab’s case, the federal government manages the whole bureaucracy through PAS and PSP officers. The federal PAS and PSP officers are civil servants of the Establishment Division; therefore, their terms and conditions of services are determined by it. Being federal officers, they do not fall under provincial law. Therefore, the federal government controls provincial affairs through them. The latest interventions by PM Shahbaz Sharif into the affairs of Punjab are a mockery of the federation. PM has taken over the reins of the Punjab government through IG and Chief Secretary. It is against the federalism protected in the Constitution of Pakistan. The elected government of Punjab can only run the affairs of the province. 

Then, the caretaker governments should only focus on neutrality and conducting elections. However, it is not the case in Punjab. Caretaker government is trespassing its constitutional role. It is amending the rules of business of Punjab government. It is also approving sectoral policies. It is also devising financial and budgetary schemes and much more, which it can not do as per law and constitution. Furthermore, there is no neutrality nor intention to hold elections. Although it is the constitutional obligation of the election commission to hold elections and the governments to execute the plans, caretaker governments still need preparation. They have only transferred the bureaucracy and police to ensure partiality and ensure that the political interests of PML N and PDM are secured. So, the transfers are meant to manage elections, if any. The situation could be more favourable than not holding elections. Lastly, there is already a governance crisis, and there appear to be impending constitutional crises. Lastly, it is not only the federal bureaucracy and police that is under the command of the federal government in Punjab but also the caretaker chief minister, who is also safeguarding the interests of the federal government.

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