Azad Kashmir assembly overthrows constitutional bar on cabinet size

Published June 4, 2023
Newly elected Speaker of the AJK Legislative Assembly Chaudhry Latif Akbar being administered oath by deputy speaker Chaudhry Riaz Gujjar in Muzaffarabad on Saturday. — Photo by author
Newly elected Speaker of the AJK Legislative Assembly Chaudhry Latif Akbar being administered oath by deputy speaker Chaudhry Riaz Gujjar in Muzaffarabad on Saturday. — Photo by author

MUZAFFARABAD: The Azad Jammu and Kashmir (AJK) Legislative Assembly on Saturday struck out a constitutional provision restricting the size of the state cabinet to 16 ministers with a two-third majority amid a boycott by the tiny opposition.

The provision was introduced in June 2018 by the then PML-N government through the 13th amendment but its application was deferred till the next

Assembly that came into being in July 2021.

“Provided that from next term of Assembly, total strength of ministers in the cabinet shall not exceed 30pc of the total membership of the Assembly, read the repealed proviso which Chaudhry Anwarul Haq led coalition government had been striving to overthrow ever since its inception on April 20.

A constitutional amendment needs at least 36 votes to come off.

PPP’s Chaudhry Latif Akbar elected as new Speaker

The ruling coalition that comprised 19 PTI renegades, 12 PPP and seven PML-N lawmakers was in a position since April 20 to smoothly strike down the provision, but its plan suffered a blow early last month when the PML-N leader, Nawaz Sharif, stopped his parliamentary party from voting in its favour.

On Friday evening, the PML-N decided to go back on its earlier announcement at a meeting in Islamabad presided over by Prime Minister Shehbaz Sharif. Apart from the seven PML-N MLAs, the meeting was attended by federal ministers Rana Sanaullah, Azam Nazir Tarar, Ishaq Dar and Khawaja Saad Rafique.

It was in the wake of that much-needed breakthrough the ruling coalition initiated the process late on Friday night to get the Assembly session convened through a requisition.

Interestingly, the notification regarding convening the session on Saturday – which otherwise is a holiday – was issued by the Assembly secretariat with the seal and signature of Acting Speaker Chaudhry Riaz Gujjar at about 2am on Saturday.

After the session started at about 4pm, minister without portfolio and PPP legislator Raja Faisal Rathore tabled the 15th constitutional amendment bill in the house to do away with the bar to cabinet expansion as well as a resolution for suspension of rules, governing the issue of amendments to the constitution.

The house also witnessed exchange of barbs between PTI’s Chaudhry Maqbool Gujjar and its renegade Abdul Majid Khan as well as between PTI president Abdul Qayyum Niazi and PML-N leader Raja Farooq Haider.

On Saturday, the PTI suffered another blow when Sardar Mohammad Hussain also defected to the PTI’s ‘forward bloc’ which has started calling itself “likeminded group”.

As Muslim Conference leader Sardar Attique Ahmed also voted in favour of the bill, it was passed by 40 votes, amid a walkout by all five present PTI lawmakers.

Speaker’s election

Shortly afterwards, the house once again suspended rules for the election of speaker, an office lying vacant after the election of Mr Haq as leader of the house.

Chaudhry Latif Akbar of PPP and Chaudhry Maqbool Gujjar of PTI were fielded, respectively, by the ruling coalition and opposition for the office.

Interestingly, Mr Akbar was still occupying the office of the leader of the opposition despite the inclusion of his PPP in the ruling coalition.

The speaker’s election was boycotted by the opposition, in protest against an allegedly partisan remark by the prime minister. Nevertheless, Mr Akbar got only 19 votes of PPP and PML-N, while the renegade PTI lawmakers abstained for fear of any move by the opposition to invoke floor crossing law against them.

After Mr Akbar was administered oath by the deputy speaker, the house was prorogued by him sine die.

Published in Dawn, June 4th, 2023

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