Amid high drama, the Pakistani cabinet has declared that Imran Khan is no longer the Prime Minister of Pakistan following the dissolution of the Pakistan National assembly. But under Article 224 of the Constitution of Pakistan — once the cabinet notification is issued — Imran Khan can continue as the prime minister for 15 days till the appointment of a caretaker prime minister.
According to The News, if Imran Khan continues to be the prime minister for15 days, he will not be empowered to make decisions that an elected head of the government can take
“Consequent upon dissolution of the National Assembly by the president of Pakistan, in terms of Article 58(1) read with Article 48(1) of the Constitution of the Islamic Republic of Pakistan, vide Ministry of Parliamentary Affairs’ SRO No. 487(1)/2022, dated 3rd April, 2022, Mr Imran Ahmad Khan Niazi ceased to hold the Office of the Prime Minister of Pakistan, with immediate effect,” said the notification from the Cabinet Division.
Imran Khan is no more prime minister if Pakistan. pic.twitter.com/DkwM4JlQP8
— Hamid Mir (@HamidMirPAK) April 3, 2022
The cabinet ruling on Imran Khan comes after the deputy speaker of the assembly dismissed the no-confidence motion against the PM Khan and termed it "unconstitutional", saying that it was backed by "foreign powers". It was followed by the dissolution of the assembly by the president Arif Alvi on the advice of Khan.
Piqued by Khan’s extraordinary move, the opposition has declared that PML-N leader Shehbaz Sharif is the prime minister, supported by 195 members. The opposition, in fact, had a full session where 197 members, and voted against Khan and the recording of this was submitted in the court.
The combined opposition, in fact, went on to appoint Ayaz Sadiq as the speaker, who, in turn, re-validated the no-confidence motion against the Prime Minister.
The opposition, taking the legal resource, instead of settling the matter in the streets, petitioned the Supreme Court not to validate the dissolution of the Assembly. Pakistan's chief justice adjourned the hearing till Monday, but asserting that it was now in command said that all orders and actions taken by the prime minister and the president regarding the dissolution of the National Assembly would be subject to the court's order.
Meanwhile, the military establishment distanced itself with the political developments in the country. “Army has nothing to do with the political process.”
Earlier, the opposition, after being blocked by the deputy speaker’s ruling for the proceedings of n0-confidence vote, had a full session where 197 members voted against Imran Khan and the recording of this was submitted in the court.
The lone Hindu MP of Imran Khan Khan’s ruling party Ramesh Kumar voted against Imran Khan by making an appeal to the Supreme Court to take notice of violations of constitution by Imran Khan.
ملکی سیاست میں ڈرامائی تبدیلی پر ڈاکٹر رمیش کمار کا ویڈیو پیغام، آئین کی خلاف ورزی کرنے والوں کے خلاف سپریم کورٹ سے نوٹس لینے کی اپیل pic.twitter.com/PfaDugB2Jl
— Dr. Ramesh Vankwani (@RVankwani) April 3, 2022
But according to his ministers, Imran Khan is very sure that parliament speaker's rulings are beyond the reach of the Supreme Court. He has also challenged his “mentors” Pakistani army “either save me or keep out of it”.
Many blame the Pakistani security establishment for this mess for creating the failed “hybrid” regime.
According to Pakistani constitutional experts, the apex court has no option but to ask the assembly to proceed for the no-confidence vote.
“The manner in which this government has used the Constitution to give cover to such clear malice — to such a blatant and desperate grab at holding onto power which no longer belongs with it — is reminiscent of the past actions of its once hybrid better half,” Abdul Moiz Jaferii, constitutional expert told Dawn.
"The entire proceedings smacked of mala fide intent, with the information minister speaking for two minutes, before the Speaker summarily declared the motion illegal and prorogued the session," said another expert Salahuddin Ahmed.
But is Imran Khan still the PM ?
One expert says, since he advised the president to dissolve assembly after which assemblies were dissolved. Then automatically the PM and its cabinet is dissolved but he is still PM till the interim government is decided. Or maybe he will be appointed as caretaker PM.. Will be decided by the SC on Monday.
