February 10; PILDAT has welcomed the reported negotiations between the Government and the Opposition on a system of appointment for the caretaker governments in the centre and the provinces.

PILDAT had filed a Constitution Petition before the Supreme Court asking the Court to interpret the scope of �Consultation� between the President and the outgoing Leader of the House and the Leader of the Opposition in the National Assembly for the formation of Caretaker Governments during the next General Election. �It is a positive development that the Leader of the Opposition has taken up this issue with the Government, following the PILDAT petition, so that ambiguity on �consultation� in the Constitution can be defined for putting in place neutral caretaker governments through consensus,�said a PILDAT press statement.

PILDAT also welcomed the statement of Leader of the Opposition Chaudhry Nisar Ali Khan, MNA, that parties outside the Parliament will also be consulted on the appointment of the caretaker governments in the centre and provinces before the next General Election. PILDAT had demanded this in its recent report on State of Electoral Reforms in Pakistan released on January 31, 2012 and in the Citizens Forum held to discuss the report on February 7.

PILDAT also urged that parties outside the Parliament should also be consulted on the appointment of the Chief Election Commissioner, adding that the process must begin immediately to allow for a smooth transition of the appointment of consensus CEC in place of the outgoing CEC whose term ends in March 2012.

Article 224 (1A) of the Constitution of Pakistan, after 18th amendment to the Constitution, provides for the appointment of caretaker Prime Minister and Caretaker Chief Ministers by the President of Pakistan and the concerned Governors respectively in consultation with the Prime Minister / Chief Ministers and Leaders of Opposition in the outgoing Assemblies. However, there is no definition of the word �consultation� in the Constitution. Serious disputes that had arisen in connection with the interpretation of the word �Consultation� with regard to the appointment of Chairman NAB between the President and the Leader of the Opposition. Since the �neutrality� of the Caretaker Governments is essential for holding a free and fair election in Pakistan, PILDAT apprehended that a Constitutional deadlock may arise if the President and the Leader of the Opposition fail to agree on a consensus caretaker government. It is in this backdrop that PILDAT approached the apex Court to seek interpretation of the word �Consultation� so that all the parties are clear about their role in the consultative process.