What happens next in Pakistan 

As Pakistan braces for a politically and socially unstable future -- following the dissolvent of its National Assembly (NA) on Sunday -- let us take a look at the constitutional processes through which the general people would elect their leaders in the coming days.

As per the 20th Amendment of the Constitution of Pakistan – passed back in 2012 – a president no longer holds discretionary powers to appoint a caretaker prime minister or chief ministers (CM) of their preference.

The amendment instead extends the right to the prime minister and leader of the opposition in the outgoing NA, and the chief ministers and the leaders of the opposition in each outgoing provincial assembly.

The 20th Amendment also introduces Article 224A into the constitution, which ensures that in case the PM and the leader of the opposition are at an impasse about the final choice of a name for the caretaker prime minister, the matter would be taken to a parliamentary committee with an equal number of members from both sides, who will then make the final decision regarding the appointment.

A similar six-member bipartisan committee comprising members of the provincial assembly makes the decision of the caretaker CM of each province.

If these committees are unable to decide within three days, the matter is then referred to the Election Commission of Pakistan (ECP), which is bound by law to take the decision within two days.

Once the caretaker executives are chosen, the federal and provincial caretaker cabinets are formed on the advice of the caretaker PM and CMs, respectively.

The caretaker setup is not only governed by the 20th Amendment: the 18th Amendment and the ECP's Code of Conduct for Political Parties and Candidates – which it issued in 2013 and is expected to issue again this year – also ensure the neutrality of the caretaker setup.

In 2010, the 18th Amendment had added sub-article 1B to Article 224.

Article 224 (1B) bars members of caretaker cabinets, including the caretaker prime minister and the caretaker chief ministers and their spouses and children, from contesting the next elections.

The amendment looks to enhance the impartiality in the process and ensure that the caretaker setup is not likely to interfere in the elections.

In its Code of Conduct for Political Parties and Candidates – 2013, the ECP had taken a step further and barred the participation of the caretaker PM, the CMs, as well as the president and governors – along with most senior cadres of government – in the election campaign.

Section 30 of the Code of Conduct states: "The president, prime minister, chairman/deputy chairman Senate, speaker/deputy speaker of any assembly, federal ministers, ministers of state, governors, chief ministers, provincial ministers and advisors to the prime minister and the chief ministers, and other public office holders shall not participate in polls campaign in any manner whatsoever. This provision will also be applicable to the caretaker setup."

The functions of the caretaker government – as per Chapter XIV of the Elections Act 2017 in Pakistan – are as follows:  

• A caretaker government shall: perform its functions to attend to day-to-day matters which are necessary to run the affairs of the Government; assist the Commission to hold elections in accordance with law; restrict itself to activities that are of routine, non-controversial and urgent, in the public interest and reversible by the future Government elected after the elections; and be impartial to every person and political party.
• The caretaker government shall not: take major policy decisions except on urgent matters; take any decision or make a policy that may have effect or pre-empt the exercise of authority by the future elected Government; enter into major contract or undertaking if it is detrimental to public interest; enter into major international negotiation with any foreign country or international agency or sign or ratify any international binding instrument except in an exceptional case; make promotions or major appointments of public officials but may make acting or short term appointments in public interest; transfer public officials unless it is considered expedient and after approval of the Commission; and attempt to influence the elections or do or cause to be done anything which may, in any manner, influence or adversely affect the free and fair elections.
• Providing statements of assets and liabilities: The Prime Minister, Chief Minister or a Minister or any other members of a Caretaker Governments shall, within three days from the date of assumption of office, submit to the Commission a statement of assets and liabilities including assets and liabilities of his spouse and dependent children as on the preceding 30th day of June on Form B and the Commission shall publish the statement of assets and liabilities in the official Gazette.