THE judiciary on Monday threw a spanner in the works of the privatisation process. But the principle on which it based its decision is a sound one that embodies the spirit of democracy.

In a short order, the Islamabad High Court ruled that unelected advisers and special assistants could not head government committees. It thereby set aside the notification of the formation of the cabinet committee on privatisation headed by Adviser to the Prime Minister on Finance Abdul Hafeez Sheikh. The petition had also challenged the appointment of advisers to the prime minister Abdul Razzak Dawood and Dr Ishrat Husain as members of the CCoP. While the decision is certainly a blow to a government that has long touted Mr Sheikh as a capable hand to lead Pakistan’s efforts to divest itself of loss-making state-run entities, it is not entirely unexpected.

In fact, it expands on an earlier verdict; together, both decisions spell out the contours of an issue that is particularly relevant under this government.

In August, the same high court, albeit with another presiding judge, was seized with a petition regarding Shahzad Akbar’s appointment as adviser to the prime minister on accountability and interior. That bench had declared that while the prime minister had the prerogative to appoint as adviser or special assistant whomever he saw fit, such unelected individuals could not legally exercise executive or administrative powers in the functioning of the government.

Indeed, the judge said they could not even speak on the government’s behalf. Moreover, only elected persons earn the privilege of heading ministries. Both the decisions are rooted in the preamble to the Constitution which says, “The state shall exercise its powers and authority through the chosen representatives of the people”.

To underscore the obvious, democracy does not begin and end with elections; it is a process, not a singular act. The outcome of citizens casting their ballot determines who will handle the levers of power. Appointing unelected people to steer the ship of state thwarts the will of the people, the very basic principle of a democracy.

No one begrudges the prime minister bringing on board people with the expertise to augment the government’s decision-making. PPP and PML-N governments in the past have done so as well, with advisers sitting in on cabinet meetings and even attending parliament. Prime Minister Imran Khan, however, seems to be governing largely through individuals that he has handpicked rather than those selected by the electorate.

This state of affairs has justifiably given rise to much resentment among the party’s legislators. The two verdicts make it clear that unelected individuals are to occupy a niche, supporting role. Their link must be to the prime minister alone, not to the bureaucracy or to the public. One hopes now that the court has removed the ambiguities, everyone plays their role within their constitutionally prescribed boundaries.

Published in Dawn, December 9th, 2020