Daily Times

ISLAMABAD: Legal and constitutional experts have declared the exercise of powers by federal ministers in the absence of Prime Minister (PM) as illegal and unconstitutional move.

No federal minister can preside over cabinet meeting despite delegation of powers by PM nor can he accord approval to decision of the cabinet. No one can preside over the meeting of cabinet, the experts said, adding that in case if PM is unable to preside over important meetings then assembly is authorised to elect new PM to run the affairs of the country.

President Supreme Court Bar Association (SCBA) Barrister Syed Ali Zafar said that PM is chief executive and country’s affairs are run due to his decisions. If PM remains absent from the country for long period and is unable to preside over the important meetings then parliament can elect new PM but no one can exercise the powers determined by him.

If any minister or someone else exercises powers then it will be illegal and unconstitutional step and if president goes abroad then chairman senate becomes acting president and there is room provided in this respect in the constitution, he maintained.

To a question he said PM can preside over the cabinet meetings and other meetings through video link in full senses. Legal expert Raziq Advocate said there is lacuna in the constitution that no one can exercise the powers in the absence of PM nor can the PM delegate powers to anyone else. Constitutional crisis has been created due to absence of PM, he added.

Justice (Retd) Shaiq Usmani said that no one can exercise PM’s powers no matter whatever situation prevails in the country. PM’s illness is no issue and if PM remains absent from the country and does not preside over important meetings then national assembly can elect anyone else PM and run the affairs, he said.

PM had gone to London in connection with his medical check up a few days earlier where doctors had advised to undergo open heart surgery.

According to PM House spokesman PM’s open heart surgery will take place on Tuesday and he will stay in London for over one week on this count.

On the other hand federal government had announced to present budget 2016-17 on June 3. According to rules PM accords approval to budget in cabinet meeting. Approval in this regard is given a day before or on the day of presentation of budget by PM.

Information Minister Parvaiz Rashid while talking to media men on Saturday said Finance Minister Ishaq Dar will see the matters of government in consultation with cabinet during PM’s open heart surgery. He said that there is no crisis like situation in the country and all the institutions are working properly.