The legitimacy of care taker governments has been questioned by the Supreme Court. Election transparency is one goal of a caretaker administration. However, according to the Constitution, another organisation, the ECP, is in charge of ensuring fair elections.”What is the need for a caretaker government when this duty is vested in the ECP?” According to Chief Justice of Pakistan (CJP) Qazi Faez Isa, the country needs to have elections on time. He made this statement on Tuesday during a case.
A petition demanding simultaneous elections to the national and all four provincial assemblies on the same day was being filed in court by Sardar Kashif Khan.
The CJP questioned the attorney who suggested caretaker governments to find out what the idea behind them was. He pointed out that the military dictator General Ziaul Haq, who proposed caretaker government in the Constitution, did not carry it out personally.
“Zia inspired the notion through the Eighth Constitutional Amendment, but no caretaker government was established when the Mohammad Khan Junejo government was overthrown. Without a caretaker government, the nation has had two elections, he continued.
The CJP claimed that the caretaker government’s change to the constitution was made in a hurry. But he pointed out that Parliament should look into this.
The head of a three-person bench, Justice Isa, pointed out that the military dictator General Ziaul Haq, who proposed a caretaker government in the Constitution, did not carry it out personally.
“Zia inspired the notion through the Eighth Constitutional Amendment, but no caretaker government was established when the Mohammad Khan Junejo government was overthrown. Without a caretaker government, the nation has had two elections, he continued.
The CJP remarked that the lawyer should retract his claim that the caretaker administration had become unconstitutional as a result of extending its term. “If not, it would be widely reported in the media.”
Additionally, Mr. Naek urged “equal playing fields for all political parties.”
Justice Minallah also stated that politicians, not the judiciary, should be in charge of preserving political stability.
The petitioner withdrew the lawsuit after the arguments, and the court dismissed it.
The petitioner’s lawyer, Shah Khawar, said that since the court had already taken the topic under consideration in another case, the plea had become infructuous.