The Supreme Court in a judgement maintained that the members of parliament should introduce some criteria vis-a-vis the discretionary power of the prime minister in the appointment of his special assistants.
“We would like to observe that parliament may at an appropriate time consider laying down some criteria, minimum standards, educational qualifications, fields of expertise and level of experience for the appointment as special assistants to prime minister (SAPMs), says a 17- page detailed judgment. The verdict authored by Justice Ijazul Ahsan in a case wherein the appointments of SAPMs was challenged in the apex court, adds, “[This is necessary] in order to ensure that the exercise of discretion by the prime minister in this regard is properly structured, streamlined, circumscribed and systemised.
“This court has repeatedly acknowledged the contributions of overseas Pakistanis towards nation-building which cannot be ignored, debarred or questioned on the basis of frivolous and baseless assumptions and hypothesis which have no constitutional, legal or factual basis just in order to advance personal or political agendas,” the judgement added, clarifying that there was no restriction or prohibition against Pakistanis with dual nationalities.
“Therefore, the court held that a person having dual nationality is neither ineligible nor barred from appointment as SAPMs.”
The judgment laid special emphasis on the fact that the premier, due to his multi-faceted duties and obligations on the macro and political level and towards various specialised fields, would need “deeper and specialised knowledge, and understanding and experience in various areas and fields which he may not possess and is not required to possess”. As such, it maintained that frequent judicial interference in such matters would hamper the premier in the effective discharge of his functions and obligations.
“Therefore, to enable the prime minister, who has been elected on the basis of popular mandate notwithstanding his qualifications or expertise in different areas to run the affairs of the state in an efficient, effective, systematic and methodical, well-considered and well-planned manner, he ought to access and give a free hand to appoint those whose ability, knowledge, experience and expertise he trusts for assistance in running the affairs of the state.”
