By Peer Muhammad in The Express Tribune, May 31
ISLAMABAD: A constitutional issue seems to have emerged regarding the procedure for the removal of the governor of Gilgit-Baltistan (GB), as the Gilgit-Baltistan Empowerment and Self Governance Order-2009 is totally silent in this regard.
The question is: should President Asif Zardari follow the recommendation of the upcoming prime minister and replace the PPP-affiliated governor of the GB territory with a PML-N nominee?
The Pakistan Muslim League–Nawaz (PML-N) leadership in GB was lobbying for removing GB Governor Pir Karam Ali Shah, who was appointed by President Zardari and belongs to the Pakistan Peoples Party (PPP).
In all four provinces of Pakistan, the governor is appointed and removed by the president on the recommendation of the prime minster, but GB is not a province but rather a self-governing territory.
Article-20(1) of the Gilgit-Baltistan Empowerment and Self Governance Order-2009, says “There shall be a Governor of Gilgit-Baltistan, who shall be appointed by the president of Pakistan on the advice of the prime minister of Pakistan.”
The law does not however lay out the procedure for his removal from office. Article-20(2) of the GB governance order also says, “The Governor shall hold office during the pleasure of the president and shall be entitled to such salary, allowances and privileges as the president may determine.”
Both the political parties, PPP and PML-N have their own contrasting interpretations about the rule.
PPP says that it is the discretion of the president to remove or appoint the GB governor and the recommendation of the prime minister is does not have to be followed.
Former information minister Qamar Zaman Kaira, who was also the first GB governor for a brief period, argued that the GB governance order was issued through a presidential order and not the Parliament. “Under the rule, the president is not bound to remove the GB governor on the recommendation of the prime minister as practiced in other provinces,” he maintained.
On the other hand, PML-N chief coordinator GB Hafiz Hafeezur Rehman said that since GB governance order is silent about the removal of the governor, “we have to consult the 18th Amendment, which suggests that prime minister recommends to the president to appoint or remove any governor, and it is mandatory for the latter to act upon this advice. If there is any silence [on this matter], then we have to follow the precedent in other parts of the country,” he maintained.
Meanwhile, constitutional expert Salman Akram Raja also endorsed the point of view of the PML-N, saying though governors are the representatives of the federation and appointees of the President, yet it is binding on the President to follow the advice of the prime minister about their appointment and removal.
“The President can do nothing on his own and he is bound to act upon the advice of the prime minister on constitutional matters,” Akram maintained.
http://tribune.com.pk/story/556879/emerging-row-gb-governor-removal-may-raise-constitutional-issues/
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