LAHORE, Nov 25: Political rivalry between the Punjab governor and the chief minister has fuelled a controversy over their powers defined in the Constitution, say constitutional experts.

While Advocate AK Dogar says the ‘friendly spirit’ needed to make things work between the two top officials is missing, Advocate Hamid Khan believes that the governor now works as an instrument of the president with the passage of changes to his powers. “A governor has the power to dissolve a provincial assembly with the approval of the president,” Mr Khan says.

As for the controversy over communication, Pakistan Lawyers Forum President Mian Muhammad Jehangir says according to Article 129 of the Constitution, the “executive authority of the province shall vest in the Governor”. He says Article 131 requires that the “chief minister communicates to the Governor all decisions of the Cabinet relating to the administration of the affairs of the Province and proposals for legislation”.

“How else can the governor point out flaws in a decision taken by the chief minister or a minister, if he is not permitted to address a letter to the person concerned?” he asks.

Advocate Dogar says the governor’s office is ceremonial in nature and he acts as a signing authority. To support his argument, he quotes Article 105, which says “in the performance of his functions, the Governor shall act in accordance with the advice of the Cabinet or the Chief Minister”.

Hamid Khan says in the original constitution of 1973, the governor used to be an agent of the federal government but in the regime of Gen Ziaul Haq, he was made subordinate to the president. The president used to appoint the governor on the advice of the prime minister but in Zia’s regime, the appointment of the governor was left to the discretion of the president.

Finally, in the 17th Amendment, the appointment of a governor by the president was linked to consultation with the prime minister. Mr Khan said word consultation was not binding on the president as he may or may not accept his opinion.

According to Article 12(2)b, he says, a governor is empowered to dissolve a provincial assembly with the approval of the president with a view to keeping a province under tight control of the latter.