During a session of the Khyber-Pakhtunkhwa Assembly, the government found itself in a constitutional quandary when the cabinet surpassed the constitutional limit of 16 members. Ahmad Kundi from the Pakistan Peoples Party (PPP) raised concerns about this violation, citing Article 130, Clause 9 of the Constitution, which he argued makes the designation of the finance advisor as a minister unconstitutional.
Kundi suggested that this breach could render the government’s orders and the assembly’s proceedings unlawful. After an extended debate, the government promised to review the constitutional implications of granting ministerial status to the finance advisor.
Kundi pointed out that, under Article 130 of the Constitution, the cabinet should consist of no more than 16 members. By granting ministerial status to the finance advisor, he argued, the government had acted unlawfully. He proposed that either the government should have one minister resign or revoke the notification granting the finance advisor ministerial status, stressing that this unconstitutional action could invalidate the government’s decisions and the assembly’s work.
In response, the law minister affirmed the government’s commitment to upholding the Constitution, stating that they would never act in violation of it. He raised concerns about the lack of attention to constitutional breaches when general elections were delayed beyond the 90-day requirement and an unconstitutional government had been formed under Form 47. Nevertheless, he assured that the issue would be examined from a constitutional standpoint.
The law minister also clarified that since the finance advisor had not taken an oath, they could not officially be considered a minister, despite being granted ministerial rank.
In other matters, a call to attention notice regarding the recruitment process in the Khyber-Pakhtunkhwa Counter Terrorism Department (CTD) was referred to the relevant committee. The government assured that it would address the shortage of healthcare facilities in Dera Ismail Khan by improving Basic Health Units (BHUs) and other health centers facing deficiencies.
During the session, Adnan Khan from the Pakistan Muslim League-Nawaz raised a notice regarding the recruitment of staff under the National Action Plan for the Khyber-Pakhtunkhwa Counter Terrorism Department. Despite advertisements and tests being conducted, appointments had not been made. Khyber Pakhtunkhwa Law Minister Aftab Alam responded, noting that multiple proposals had been considered and the police had provided suggestions, but recruitment should have already been completed.
