CNews ISLAMABAD: The security forces deployed in front of Chief Justice Iftikhar Muhammad Chaudhry's house in the Judges Enclave in Islamabad will be removed on Tuesday evening, marking the symbolic end of an era when absolute power was enjoyed by one man for eight years, five months and 13 days.
Power practically will be shifted to the democratically-elected prime minister on March 25, sources in the Pakistan People's Party confirmed to The News on Sunday. According to the senior leader of the lawyers' movement, Justice (retd) Tariq Mehmud, the Chief Justice of Pakistan, after being released from his five-month-long detention by President Pervez Musharraf, will remain at his home for three to four days and will meet visitors. Afterwards, Justice Chaudhry may travel to any city, if invited to address a bar council, Tariq said.
Senior constitutional expert Senator SM Zafar told CNews on Sunday that in the post-October 12, 1999 scenario, Pervez Musharraf was enjoying absolute power being the chief executive of the country and the chief of Army staff.
"After the 2002 elections, Musharraf obviously retained direct influence on the PML-Q-led coalition government and the advice of the prime minister was almost irrelevant. From Tuesday onwards, when Yousuf Raza Gilani takes oath as the country's next prime minister, the advice will not be influenced in advance," Zafar said.
He added: "In this situation, the president will be left only with his discretionary constitutional powers, i.e. the appointment of services chiefs, provincial governors, chairman Federal Public Service Commission, Governor State Bank of Pakistan."
However, the new coalition intends to take back these powers of appointments, which were bestowed to him after the passing of the LFO in 2004 through a constitutional package, and will want to keep the presidency within his 1973-constitutional limits. Zafar said that once the new prime minister will assume the charge of his office, the president will be bound to act upon his advice.
"The president will be deprived of making all the key appointments in the bureaucracy, appointing provincial police chiefs, heads or chairmen of different important departments, authorities and regulatory bodies. All these things would be finalised by the prime minister, or if by the president, then on the advice of the prime minister," Zafar said.
He, however, said that according to the present constitutional position, even parliament could not undertake any amendments in any clause which falls in Schedule 6 of the Constitution. He said that before considering any alteration in Schedule-6, parliament would require the consent of the president. Schedule-6 includes the two-time bar on becoming prime minister and the laws regarding the local government bodies.
Zafar said that if the president did not follow the advice of the prime minister, there will be conflict and chances of turmoil. But at the same time, Zafar added that he did not foresee any conflict between the presidency and the government, which would be enjoying a two-thirds majority.
Senior advocate and PML-Q Senator Dr Khalid Ranjha said that the major difference now would be that the prime minister's advice will be from an independent and powerful PM. "In the past, the prime minister was asked to send certain advice, but now this will not happen," Ranjha said. He said that everything will now be in complete control of the new prime minister and his cabinet.
Power practically will be shifted to the democratically-elected prime minister on March 25, sources in the Pakistan People's Party confirmed to The News on Sunday. According to the senior leader of the lawyers' movement, Justice (retd) Tariq Mehmud, the Chief Justice of Pakistan, after being released from his five-month-long detention by President Pervez Musharraf, will remain at his home for three to four days and will meet visitors. Afterwards, Justice Chaudhry may travel to any city, if invited to address a bar council, Tariq said.
Senior constitutional expert Senator SM Zafar told CNews on Sunday that in the post-October 12, 1999 scenario, Pervez Musharraf was enjoying absolute power being the chief executive of the country and the chief of Army staff.
"After the 2002 elections, Musharraf obviously retained direct influence on the PML-Q-led coalition government and the advice of the prime minister was almost irrelevant. From Tuesday onwards, when Yousuf Raza Gilani takes oath as the country's next prime minister, the advice will not be influenced in advance," Zafar said.
He added: "In this situation, the president will be left only with his discretionary constitutional powers, i.e. the appointment of services chiefs, provincial governors, chairman Federal Public Service Commission, Governor State Bank of Pakistan."
However, the new coalition intends to take back these powers of appointments, which were bestowed to him after the passing of the LFO in 2004 through a constitutional package, and will want to keep the presidency within his 1973-constitutional limits. Zafar said that once the new prime minister will assume the charge of his office, the president will be bound to act upon his advice.
"The president will be deprived of making all the key appointments in the bureaucracy, appointing provincial police chiefs, heads or chairmen of different important departments, authorities and regulatory bodies. All these things would be finalised by the prime minister, or if by the president, then on the advice of the prime minister," Zafar said.
He, however, said that according to the present constitutional position, even parliament could not undertake any amendments in any clause which falls in Schedule 6 of the Constitution. He said that before considering any alteration in Schedule-6, parliament would require the consent of the president. Schedule-6 includes the two-time bar on becoming prime minister and the laws regarding the local government bodies.
Zafar said that if the president did not follow the advice of the prime minister, there will be conflict and chances of turmoil. But at the same time, Zafar added that he did not foresee any conflict between the presidency and the government, which would be enjoying a two-thirds majority.
Senior advocate and PML-Q Senator Dr Khalid Ranjha said that the major difference now would be that the prime minister's advice will be from an independent and powerful PM. "In the past, the prime minister was asked to send certain advice, but now this will not happen," Ranjha said. He said that everything will now be in complete control of the new prime minister and his cabinet.
