Constitutional posts

Plea of Federal Government that it was facing difficulties in appointments to such offices in view of the direction given by the Supreme Court in the judgment Khawoja Muhammad Asif v. Federation of Pakistan (2013 SCMR 1205), wherein it was directed that a Commission should be constituted for appointments to certain offices in statutory bodies, autonomous bodies, semi-autonomous bodies, regulatory bodies etc; that some of said offices were created by statutes providing their own procedure for appointment, and, therefore, anomalies would arise in case such appointments were made by a Commission in accordance with the directions given by the Supreme Court

Validity

Various Acts/Ordinances laid down a specific criteria/qualifications for high-level appointments and empowered the Federal Government to make such appointments

In view of Art. 90 of the Constitution it was the exclusive preserve of the Federal Government to appoint heads of , statutory bodies, autonomous bodies, semi-autonomous bodies, regulatory bodies etc. and also to make appointments on merit under the Acts/Ordinances

Appointments of heads of statutory bodies, autonomous/semi-autonomous bodies, corporations, regulatory authorities etc. were governed under specific statutory provisions which could not be overlooked or substituted by some other mechanism

In light of the observations/directions given in the judgment Khawaja Muhammad Asif v. Federation of Pakistan (2013 SCMR 1205), the legal authority for appointments had been vested in a Commission and its recommendations were made binding upon the Prime Minister, which was not in accordance with Art. 90 of the Constitution

Supreme Court while making directions for the formation of a Commission in the case Khawoja Muhammad Asif v. Federation of Pakistan (2013 SCMR 1205),overlooked provisions of Art.90 of the Constitution

Application was allowed accordingly with the observation that no statutory Commission had been created in Pakistan for examining suitability of persons for appointment to high public offices, thus the Government may consider the establishment of such a Commission through legislation in order to ensure transparency which would also enable the executive authority to make an informed decision while making appointments.