Justice (retd) Maqbool Baqar named caretaker Sindh CM

Minutes before the deadline was set to expire, Sindh Chief Minister Murad Ali Shah and Leader of the Opposition of the dissolved Sindh Assembly Rana Ansar on Monday agreed on naming Justice (retd) Maqbool Baqar as the caretaker chief minister of the province.

Justice Baqar's name was proposed by the ruling PPP for the interim CM's slot.

Karachi Mayor Murtaza Wahab, who was also the Sindh government spokesperson, confirmed that there was agreement on Baqar's name.

"This is to inform that the consultative process between CM Sindh & Opposition Leader under Article 224(1A) took place on 12th, 13th & 14th of August. Both the leaders have agreed to propose the name of Justice Maqbool Baqar sb as the caretaker Chief Minister Government of Sindh," said Wahab on X — formerly known as Twitter.

While the MQM-P's spokesperson said that the party has approved the name of Justice (retd) Baqar as the interim CM.

The approval was given in a Rabita Committee meeting chaired by Khalid Maqbool Siddiqui, said the spokesperson.

MQM had no objection to Baqar’s name: Ansar

Addressing a press conference outside the CM Office, Ansar informed the media that it takes time to “reach consensus on a good name”.

“Justice (retd) Maqbool Baqar name has been finalsied for [interim] chief minister slot. I am happy that the name of Maqbool Baqir has been agreed upon through mutual consultation,” said Ansar

The opposition leader, who belongs to the MQM, said her had no objection to the name of Baqar’s name.

“Things have been done ahead of the deadline, now notification and oath taking has to be done,” said Ansar when she was asked about the name being picked just before the August 14 deadline. She added that her arrival to the CM House was delayed due to the heavy traffic on Karachi’s road because of August 14.

Letter sent to governor: Wahab

Addressing the media after Ansar, former Sindh government spokesperson Wahab confirmed that the CM and opposition leader have sent their letter, regarding Baqar's selection, to the governor.

"The new interim chief minister will decide when he wants to take oath," said Wahab. He added that they are hoping that the elections are held free and fair as per the Constitution.

'Will assist ECP in holding polls' 

As the news emerged of Justice (retd) Baqar's selection, the former Supreme Court judge vowed to play his role in upholding the law and the Constitution.

Talking to Geo News, Baqar said that holding elections was the responsibility of the Election Commission of Pakistan (ECP), adding that they would assist the election body.

He maintained that they would try their best the upcoming general elections be held as per the law and the constitution.

“It is a very important responsibility in difficult situations,” he said, adding that he would try to resolve the people’s problems.

How is interim chief minister appointed?

Interestingly, Ansar and CM Murad agreed on proposing Justice (retd) Baqar's name for the caretaker CM slot minutes before the three-day deadline was about to end.

Today was the third and last day for the two leaders to hold the consultations on the matter, as the decision has to be made within three days of assembly dissolution, under the law.

As per the law, once the provincial assembly is dissolved, the government requires a caretaker setup, irrespective of whether or not the governor approves the summary undersigned by the chief minister.

Even if the governor does not approve it, the assembly stands dissolved within 48 hours of signing the summary, as per the Constitution.

For the formation of a caretaker government, the chief minister writes to the leader of the opposition in the Sindh Assembly within 48 hours of the dissolution of the assembly, seeking three names for the caretaker chief minister and is supposed to suggest three names himself.

If an impasse between the two leaders had existed then the issue would go to the Sindh Assembly speaker who then had to form a committee comprising six members of the outgoing assembly with equal representation from the treasury and the opposition.

The CM and the leader of the opposition had to then forward two nominees each, to the committee, which will have three days to evolve a consensus on one name.

If that too had failed as well, the names of the nominees would have been referred to the Election Commission of Pakistan (ECP) for a final decision from the provincial election commissioner within two days.

However, since CM Murad and Ansar reached a consensus there will be no need to refer the matter to Sindh Assembly Speaker Agha Siraj Durrani nor would it go the ECP. 

The selected nominee will perform their duties as the interim CM until the formation of a new government in the province. The caretaker chief executive also has the power to induct his own cabinet.

Following the placement of a caretaker chief minister, the ECP is bound to carry out general elections in the province within 90 days.

The electoral body can hold polls within 22 to 45 days, while candidates will be given 29 to 30 days to run the election campaign.

Contrary to the practice in other countries, the Constitution of Pakistan stipulates that a caretaker government will have to be sworn in till a new government is elected by the people.

Article 224 of the Constitution explains the process of appointment of a caretaker government at the centre and provinces.

Until the oath taking of Justice Baqar, Murad will continue his duties as the CM albeit for a few days.

It is only incumbent Sindh Assembly Speaker Agha Siraj Durrani, out of all elected representatives, who will hold his position until the newly-elected lawmakers take an oath and elect his replacement.