The constitutional and legal status of the civil services in Pakistan—specifically the Pakistan Administrative Service (PAS)—remains a critical subject within the country’s administrative and legal system. In its research publication, The Bureaucratic Coup, the think tank Republic Policy provides a detailed and systematic analysis of the key constitutional, structural, and intellectual debate between the Pakistan Administrative Service (PAS) and the Provincial Management Service (PMS).
According to the aforementioned research, the foundational administrative framework of the Pakistan Administrative Service does not rest upon a formal Act of Parliament; rather, it was established under the Civil Servants Cadre and Composition Rules of 1954, maintained over time under the doctrine of administrative necessity.
In 2013, the Supreme Court of Pakistan issued directives ordering amendments to the civil service rules. However, following the judicial verdict, the restructuring and amendment process was executed through an executive notification issued by the federal Establishment Division—namely SRO 88(I)/2014 in 2014—rather than through a legislative process in Parliament.
This process raises fundamental constitutional and legal questions:
- Executive Orders (SROs) vs. Constitutional Framework: If a federal service like the PAS purports to hold constitutional standing, can a executive Statutory Regulatory Order (SRO) legitimately alter or substitute statutory laws and constitutional provisions within a democratic state?
- Prerogative of Parliament: The structure, scope, and mandate of any public service must stem directly from an Act passed by the sovereign Parliament (the Will of Parliament), rather than through internal administrative agreements or executive SROs.
A critical examination of the current administrative setup reveals a pattern where senior bureaucracy unilaterally makes structural decisions, effectively sidelining the legislature (Parliament) from the reform process.
To strengthen Pakistan’s democratic and federal framework, it is imperative that all civil service cadres are fully institutionalized within a formal Constitutional Framework, ensuring total alignment with federal principles and the spirit of the Constitution of Pakistan. For a deeper academic insight into this structural dilemma, *
Get now: 0341-4222501
