Consulting army, judiciary on caretaker setup unconstitutional: Rabbani
ISLAMABAD: Senator Mian Raza Rabbani on Monday, while speaking during a Senate session, said the demand of consulting judiciary and the armed forces on formation of the caretaker setup was unconstitutional.
Speaking on a point of order, he said the caretaker government could only be installed in consultation with all political stakeholders under the article 223 of the constitution.
The Pakistan People’s Party (PPP) leader said that if army and judiciary are consulted for caretaker government formation, it would be a violation of the constitution as army’s oath does not allow it to take part in politics.
“Under the principle of trichotomy of powers, the judiciary could not be consulted either,” he added.
“Moreover, if judiciary is consulted, no court would be able to hear any writ petition against the caretakers as the judiciary would be a party in caretaker’s nomination”, said the senator.
Commenting on recently staged “long march” by Dr Tahirul Qadri, Rabbani said that efforts were on to stem the supremacy of the parliament. He said the ‘revolution’ never came about but this would not be the last attempt to derail the democratic process in the country.
After the 18th and 20th amendments, role of the ‘ruling elites’ in formation of election commission and caretaker government has come to an end, he said.
The senator was hopeful that the elected government will complete its term and a peaceful transition will be made.
Rabbani said the demand to dissolve the ECP was aimed at seeking some influence of the elites to steal the elections as was the practice in the past. But, the article 213 has blocked this possibility, he added.
Article 215 of the constitution makes it clear that the chief election commissioner could only be removed through article 209 and the supreme judicial council could remove the CEC, he explained.
Moreover, the PPP senator also said the demand for verification of candidates’ nomination papers in 30 days was absurd, saying it was against the law. “This is against article 62 and 63 of the constitution,” he added.
Chairman Senate Nayyar Hussain Bokhari, however, said that the matter could not be debated on mere assumption.