A balance shift

Published September 19, 2016

The government has decided, in principle, to approach the Supreme Court to reverse its last month ruling that made ratification by the cabinet mandatory for implementation of the Economic Coordination Committee decisions.

Solicitor General Farrukh Mughal said he had not received a government directive as yet in this regard. When reached on phone in Islamabad he was unaware of the move.

“No, the order to prepare a case to challenge a Supreme Court decision limiting the authority of a key economic body has not been received. It takes time for things to move through proper channels”, he told this writer.


Within months of assuming power Prime Minister Nawaz Sharif granted special authority to the finance minister to make him, to the envy of his colleagues, the next most powerful member of the ruling party


The apex court verdict, reported in the media, could not be found on the Supreme Court website but the government hierarchy in Islamabad did confirm to Dawn that a decision to this effect was delivered.

“Yes the ECC has been barred by the Supreme Court from executing decisions without approval of the cabinet. The said ruling, we believe, will not bode well for achieving the objective of a fast pace development that Pakistan desperately needs. We have, therefore, decided to challenge it on the ground that it promotes red tapism”, a senior official of the inner circle of the economic team said.

“Our reservations on the superior court’s decision do not mean that we intend not to comply with the court order. We have already sent decisions of the Aug 29th ECC meeting to the cabinet for approval”, a member of the economic decision-making body headed by Finance Minister Dar told Dawn.

He declined to give details of the background of the case or what triggered the Supreme Court’s action and promised to send a web link where the decision and all relevant details were available. He did mail a link but it covered some other case.

Within months of assuming power in 2013 Prime Minister Nawaz Sharif granted special authority to the finance minister making him, to the envy of his colleagues, the next most powerful member of the ruling party.

“He was allowed to unilaterally implement decisions of ECC,that he heads, without cabinet approval. Not sure how much it served the economic purpose but it did serve him well” a federal minister who resents Dar passionately said using colourful language.

“Dar is known to his party legislators as ‘Mr No’. He loves to hear himself speak and dismisses others without lending ears. He is not accessible to anyone as he has his little finger in every pie on the table and underneath”, a PMLN MNA said addressing the finance minister’s inflexible attitude.

“He is a senator and unlike elected representatives need not endure the pressure of constituents. He decides what he likes and lets others face the music”, he added, hinting at several unpopular ECC decisions that cabinet members learned about through the media.

A few months back when resentment expressed by several ministers was shared with Mr Dar in an exclusive chat he laughed it off.

“I can’t stand lethargy that I feel is infectious. Decisions are worthless without implementation. When people return to meetings with a blank face and without progress reports I feel insulted. What option do I have but to take the matter in my hands and oversee its implementation”, he defended his approach.

“Democracy is about collective leadership. Collective wisdom is historically proven to be better for the managing of an economy, or for that matter any major issue. If Mr Nawaz fails to check arbitrary decision making of members of his kitchen cabinet it will hurt not just the party but the system and the country. You have to see to believe how Finance Minister Ishaq Dar snubs federal ministers in meetings” a disgruntled minister, who wished not to be named, said.

He gave several examples including the case of the multi million rupee Tawairqi Steel that stands idle in a country dependent on imports.

“The mere mention of the name of the project is enough to infuriate Dar. He unilaterally issues SROs. Without consulting cabinet colleagues presidential ordinances have been promulgated to collect Gas Infrastructure Development Cess, change rates of withholding tax on banking transactions, property valuation and CNG.

“The practice has alienated legislators who end up defending decisions taken without their input. I am glad that the Supreme Court moved to check this drift. The over centralisation of power is not a befitting response to the menace of red tapism. There is no quick fix but to reform institutions and streamline them”, he added.

The office of Finance Minister Ishaq Dar was approached for comments that were promised after consulting the minister. The response, however, was not received till the filing of the report.

Published in Dawn, Business & Finance weekly, September 19th, 2016

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