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Monday October 21, 2024

Designation of deputy PM is honorific title, SHC told

By Jamal Khurshid
October 18, 2024
The Sindh High Court building seen in this image. — AFP/File
The Sindh High Court building seen in this image. — AFP/File

The designation of deputy prime minister is an honorific title and does not bestow any executive power, office or special privilege to the minister of foreign affairs, an officer of the Cabinet Division told Sindh High Court on Thursday.

Filing comments on as petition against the appointment of Foreign Minister Ishaq Dar as deputy prime minister of the country, a Cabinet division officer submitted that the impugned notification is about only an honorific designation of Ishaq Dar.

This designation does not confer any executive powers or special privilege to the minister for foreign affairs and designation as deputy PM has neither changed his status as federal minster nor it has bestowed any office, the section officer said in his comments.

He submitted that the cabinet division did not violate any provision of the constitution as designation of deputy PM has not been changed, altered, modified or delegated upon Ishaq Dar any of the constitutional functions of the PM of Pakistan. He requested the court to dismiss the petition in limine.

Petitioner Tariq Mansoor advocate submitted that the prime minister has been categorically mentioned as head of the federal government, and there has been not a single provision or article wherein the word, designation or title of the impugned deputy prime minister is mentioned.

He said that in the federal government’s rules of business so framed as are mandated under articles 90 and 99 of the constitution, there has been categorically mentioned in its Rule 2 (iv) that cabinet means and consists of prime minster and the federal ministers only.

He said that Article 250 of the constitution which relates to the salaries, allowances etc. of the ministers and others, and there is no mention of the office or post of the deputy PM. The counsel submitted that there was no mention of the post of deputy PM under the scheme of the constitution and the PM has no authority to create such a post or to designate any person as deputy PM. The court was requested to declare the notification of the federal government and the appointment of the foreign minister as deputy prime minister as unconstitutional and to direct the government to not bypass the constitutional commandments or to arbitrarily exercise its power but only within the constitutional boundaries.

A high court division bench headed by Chief Justice Mohammad Shafi Siddiqui observed that comments are not in pursuance of court orders.

The court observed that judicial orders of the Lahore High Court in respect of an identical matter in 2012 has been passed were not filed before the court despite court directions.

It directed the counsel to submit the relevant record of the Lahore High Court in which the appointment of deputy PM was earlier challenged, and adjourned the matter.