Is Punjab governor’s removal without president’s approval a constitutional step?
The PML-N-led governments in the Centre and Punjab were consistently trying to appoint a blue-eyed governor in the province.
LAHORE: The constitutional crisis has deepened in Punjab province as Governor Omar Sarfraz Cheema was removed from his position despite the rejection of Prime Minister Shehbaz Sharif’s summary by President Dr Arif Alvi.
The notification of Cheema’s removal was issued by the Cabinet Division on Monday late at night by the signature of senior joint secretary Taimur Tajjamul following the advice of PM Sharif.
Heavy contingents of police forces were deployed in and outside the Governor House, whereas, police sources told News360 that they received orders not to allow Cheema from entering the Governor House.
Rana Sanaullah said that the violators of the Constitution should be readied to face legal actions including penalties from the courts. He added that the president is bound to follow the prime minister’s advice, otherwise, it would be an unconstitutional move.
Yesterday, President Dr Arif Alvi rejected PM Shahbaz Sharif’s advice to remove the Punjab Governor Omar Sarfraz Cheema and stated that the decision to remove Cheema from governorship would be against the principles. President Alvi also stated that Cheema should continue serving as the Punjab governor for the promotion of democracy.
Punjab governor takes aim at judiciary after constitutional crisis
The Twitter post read, “The President has conveyed to the Prime Minister of Pakistan that Governor Punjab cannot be removed without his approval.”
President Dr. Arif Alvi strongly rejects Prime Minister’s advice to remove Governor Punjab
The President has conveyed to the Prime Minister of Pakistan that Governor Punjab cannot be removed without his approval. pic.twitter.com/72OIVfKJEW
— The President of Pakistan (@PresOfPakistan) May 9, 2022
Referring to clause 3 of Article 101 of the Constitution, he stated that “the Governor shall hold office during the pleasure of the President”. He wrote that the incumbent governor cannot be removed as there was neither any allegation of misconduct nor conviction by any court of law or of any act committed by him contrary to the Constitution of Pakistan.
He stated that it was his duty as Head of the State to represent the unity of the Islamic Republic of Pakistan in terms of Article 41 of the Constitution.
Highlighting the Constitutional role of the Governor of Punjab, the President said that the Governor had also sent a report earlier regarding the unfortunate happenings in the Punjab Assembly, questions regarding the validity of the resignation of Chief Minister Punjab, Sardar Usman Ahmed Khan Buzdar, and shifting of loyalties.
Rejecting the advice of the Prime Minister, he stated that he was convinced that the removal of the governor would be unfair and against the norms of justice.
The President emphasised that it was essential that the incumbent governor should continue to stay to encourage and promote a healthy and clean democratic system where members are not coerced or bought to bring about an illegitimate change and Article 63A of the Constitution specifically discouraged such activities.
The President further highlighted that he was committed to standing by the provisions of the Constitution of Pakistan in these difficult times and strongly rejected the advice of the Prime Minister to remove the Governor Punjab.
Legitimacy questioned
The federal government’s move raised many questions regarding the legitimacy of the Punjab governor’s removal which was decided without getting a nod from the president, whereas, the questions also arose about what the incumbent Pakistan Muslim League Nawaz-led (PML-N) government achieved after making the move.
The PML-N-led governments in the Centre and Punjab were consistently trying to appoint a blue-eyed governor in the province, whereas, it also named Balighur Rehman for the governorship slot a few days ago.
The move could backfire as Punjab Assembly Speaker Chaudhry Pervaiz Elahi will perform duties as the acting governor, according to the notification, in the absence of the governor.
However, it is unclear yet whether the PA speaker would accept to take oath as the acting governor before the current Punjab cabinet. The PA speaker has already expressed serious reservations regarding the election of Hamza Shahbaz as the chief minister and called it ‘unconstitutional’.
Moreover, it will take at least a month for the PML-N government to appoint a new governor.
On the other hand, Cheema met legal and constitutional experts and said that he will make a decision after holding consultations on the legal and constitutional aspects following his removal from Punjab’s top slot.
