LAHORE: The federal cabinet division on Friday made it clear to the federal and all provincial caretaker governments that under Election Act 2017 they were required to merely attend day-to-day matters and should avoid any action that could lead to any future implications.

The copies of the directions had been sent to all federal government departments and the provinces for further circulation, officials said.

They explained that the country for the first time in its history was going to the general election under a law -- Election Act 2017 -- which limits the working of the caretaker governments. The law binds them to concentrate only on their role of a stopgap arrangement without considering themselves all powerful to make major decisions.

The law even disallows the caretaker governments to go for any transfer or posting. If it is necessary at all, they will have to first get an approval of the Election Commission of Pakistan (ECP).

All previous elections in Pakistan had been held under eight different laws. The arrangement was lose and the caretakers could take any action they liked. For example, one caretaker chief minister gave a mines-related major contract to a company, an official claimed.

In a first, Election Act 2017 binds set-up to act intra vires

The Election Act 2017 is a combination of these different laws and has been prepared on the pattern of a similar legislations introduced by the Indian Election Commission chief T N Seshan around two decades ago, reducing complications that could arise by allowing caretaker governments to do whatever they liked at will.

Now, there would be no Moeen Qureshi-like caretaker government. The present federal caretaker government did not change the oil prices and left the matter to the next elected government to decide under the same Election Act. Dr Shamshad Akhtar could attend a meeting of the IMF but could not sign an agreement with it, an official explained.

According to the cabinet division direction a copy of which obtained by Dawn, under Section 230 of the Election Act 2017 a caretaker government shall perform its functions to attend to day-to-day matters which are necessary to run the affairs of the government.

It shall assist the commission (ECP) to hold elections in accordance with law, restrict itself to activities that are of routine, non-controversial and urgent, in the public interest and reversible by the future government elected after the elections, and be impartial to every person and political party.

The caretaker government shall not take major policy decisions except on urgent matters, take any decision or make a policy that may have effect or preempt the exercise of authority by the future elected government, enter into major contract or undertaking if it is detrimental to public interest.

It shall not enter into major international negotiation with any foreign country or international agency or sign or ratify any international binding instrument except in an exceptional case.

It cannot make promotions or major appointments of public officials but may make acting or short-term appointments in public interest, transfer public officials unless it is considered expedient and after approval by the commission. It cannot make an attempt to influence the elections or do or cause to be done anything which may, in any manner, influence or adversely affect the free and fair elections.

The order asks all secretaries of ministries and divisions and provinces to ensure strict compliance of the law. “We have circulated it to quarters concerned including the chief minister’s office,” an official told Dawn.

Published in Dawn, June 9th, 2018