SHC seeks arguments over plea against excessive Sindh cabinet members

The Sindh High Court (SHC) on Wednesday directed the petitioner and government law officer to argue over the chief minister’s powers to appoint excessive advisors and special assistants in the provincial cabinet.

The court was hearing the petition against appointment of excessive advisors and special assistants in the Sindh cabinet. Petitioner Moulvi Iqbal Haider submitted that Sindh CM Murad Ali Shah had appointed over 15 members of the assembly, 11 percent of the total members, in the Sindh cabinet which was a gross violation of Article 130(6) of the constitution.

He maintained the article stipulated that the government does not exceed the strength of cabinet persons from 11 percent of the total assembly membership.

The petitioner further submitted that the CM on July 30, appointed 17 provincial ministers, advisors and special assistants in the first phase, while in the second he further expanded his cabinet after appointing nine more ministers and 11 special assistants.

As per Haider the decision was a gross violation of the constitution and also placed an extra burden upon the public exchequer.

He submitted that the 18 amendment clearly maintained that the strength of the cabinet would not be more than 11 percent; however the CM appointed 18 provincial ministers and 17 others as advisors and special assistants, unlawfully and unconstitutionally.

He submitted that in terms of article 92 as well as article 130(11), a provincial CM and the prime minister had the power to appoint their advisors but not more than five.

The court was requested to declare the appointment of excessive ministers, advisors and special assistants, by the Sindh government a heavy burden upon the shoulder of public exchequer, and a gross violation of Article 130(6) of the constitution.

The petitioner also requested the court to suspend the operation of the appointment of excessive advisors and special assistants which was more than designated strength of 11 percent.

The provincial law officer submitted that the CM was empowered under Section 4(1) of the Sindh Special Assistants (Appointment, Powers, Functions, Salaries, Allowances and Privilege) Act, 2013, to appoint special assistants and the law does not restrict the CM’s powers to appoint the assistants.

The court adjourning the matter till November 22 directed the petitioner and the government’s law officer to argue over the discretionary powers of the CM for appointing excessive advisors and special assistants in the Sindh cabinet.