Understanding Caretaker Government in Pakistan: Formation, Powers, and Global Comparison
Welcome to Daily UpDown. Before elections in Pakistan, there is significant discussion about the caretaker government. Ensuring free and fair elections is the responsibility of this government. The political environment also heats up around the appointment of a caretaker setup. This raises the question: why is a caretaker government so important, and what powers are granted to it under the constitution?
Is a caretaker setup implemented in other countries before elections as well? What authorities do they hold? As the name suggests, a caretaker government is formed to oversee elections. But how important is this setup, and how is it established? Let’s first understand that in Pakistan, federal and provincial caretaker governments are formed under Article 224 of the Constitution. According to this article, if an assembly completes its term or is dissolved, a caretaker setup must be established in both cases.
Caretaker Setup in Pakistan: Formation, History, Powers, and Global Comparison
At the federal level, both the Leader of the House and the Leader of the Opposition submit up to three names for the caretaker Prime Minister. If there is consensus on a name, the President appoints the caretaker Prime Minister. If not, the matter is referred to a newly formed 8-member parliamentary committee comprising four government and four opposition members from the dissolved assembly, Senate, or both houses. This committee selects two names from each side, totaling four candidates.
The committee has three days to reach a consensus on a name. If consensus is achieved, the Prime Minister is announced. If not, the matter is sent to the Election Commission, which finalizes one name within two days. Therefore, a caretaker government can be formed within 8–9 days. The President not only formally approves the appointment but also finalizes the cabinet within 14 days at the federal level.
No member of the caretaker cabinet can contest the next elections until new appointments are made. The Leader of the House from the dissolved assembly remains in office. At the provincial level, the process for appointing the Chief Minister and forming the cabinet is similar. If the assembly is dissolved, the previous assembly’s Speaker remains in office until the new assembly elects a new Speaker after members take the oath.
It is noteworthy that Speakers and Deputy Speakers can participate in elections. If assemblies complete their terms, the caretaker setup has a duration of 60 days; if dissolved early, elections must be held within 90 days. The Constitution does not allow an extension of the caretaker government’s term. The caretaker government is fully responsible for conducting elections and managing day-to-day government affairs but cannot make major policy decisions. In emergencies, temporary decisions can be made in consultation with the President or Governors. For instance, under Article 86, expenditures for up to four months may be approved if necessary.
The caretaker government can increase foreign loans but cannot impose new taxes due to the assembly’s dissolution. According to Section 230 of the Election Act 2017, it cannot appoint or transfer civil servants of any grade. Neutrality is essential, and no privileges are granted after their term ends. The caretaker Prime Minister and cabinet are not eligible for any benefits post-term.
International Comparison
Not all countries establish caretaker governments before elections. Besides Pakistan, countries like Australia, New Zealand, Canada, and the Netherlands have such setups, primarily in parliamentary systems. In Pakistan, traditionally, no member of the previous government participates, and caretaker officials cannot contest elections. However, in some countries, government members may serve in caretaker roles.
Australia: The Prime Minister puts the government in “caretaker mode,” limiting powers to routine affairs. In exceptional circumstances, a separate caretaker government is formed, like during the 1975 constitutional crisis.
New Zealand: Assemblies may complete their term, dissolve early, or lose confidence. A caretaker setup exists briefly and follows convention rather than law.
Canada: From the announcement of elections until a new government forms, leaders operate in caretaker mode, handling daily affairs but not major policy decisions. No legislation specifically governs caretaker operations, but conventions are strictly followed.
Netherlands: The caretaker government, called a Demissionary Cabinet, exists between the end of one government and the formation of another. Duration is not fixed; once it ran for 9 months in 1977.
India: Before elections, the government avoids major decisions that could favor a political party. Ministers often step down once the government dissolves. The Election Commission ensures impartiality, and the assembly’s five-year term is typically followed.
Bangladesh: Until 2008, caretaker governments were established to oversee elections. In 1991, the caretaker Prime Minister was designated as Chief Adviser. This system existed until the 15th constitutional amendment removed it.
Historical Context in Pakistan
Initially, only the President appointed the caretaker Prime Minister. Parliamentary committees or recommendations from the opposition or government leaders were not involved. After the 18th amendment, this power was transferred to the Parliament. Over the years, Pakistan has had several caretaker Prime Ministers, including Ghulam Mustafa Jatoi, Balakh Sher Mazari, Moeenuddin Qureshi, Malik Meraj Khalid, Mir Hazar Khan Khoso, and Nasser Malik, appointed at different points to oversee elections.
The caretaker government is tasked with ensuring fair, transparent, and impartial elections but does not guarantee fraud-free elections by itself. Constitutionally and legally, it plays a vital role in Pakistan’s democratic process.
References
- Constitution of Pakistan, Article 224 & 86
- Election Act 2017, Section 230
- Daily UpDown – Pakistan Political Analysis
- Comparative study of caretaker governments: Australia, New Zealand, Canada
FAQs
1. What is the main purpose of a caretaker government in Pakistan?
The main purpose is to conduct free and fair elections while managing daily government affairs without making major policy decisions.
2. Can caretaker government members contest elections?
No, members of the caretaker cabinet are not eligible to contest upcoming elections until new appointments are made.
3. How long does a caretaker government remain in office?
If assemblies complete their terms, 60 days; if dissolved early, elections must be held within 90 days.
4. Do other countries have caretaker governments?
Yes, countries like Australia, New Zealand, Canada, and the Netherlands have caretaker setups, mostly in parliamentary systems.
5. Can a caretaker government impose new taxes?
No, new taxes cannot be imposed. Temporary measures may be taken via ordinance but require approval from the newly elected assembly.
- Caretaker Government of Pakistan – https://en.wikipedia.org/wiki/Caretaker_government_of_Pakistan 1
- Kakar Caretaker Government (2023–24) – https://en.wikipedia.org/wiki/Kakar_caretaker_government 2
- Mulk Caretaker Government (2018) – https://en.wikipedia.org/wiki/Mulk_caretaker_government 3