Retired Justice Arshad Hussain Shah was appointed as the Caretaker Chief Minister of Khyber Pakhtunkhwa (KP) on Sunday, following the sudden death of former Chief Minister Azam Khan.
The decision was reached after consultations between former CM Mahmood Khan, who played a crucial role in the initial appointment process, and opposition leader Akram Khan Durrani.
A notification issued said the agreement to appoint Justice Shah was reached under Clause 1(A) of Article 224 of the Constitution. The endorsement of this decision by KP Governor Haji Ghulam Ali solidified the appointment.
Justice Shah, previously the law minister in Azam Khan’s cabinet, brings a wealth of experience, having served as the chief justice of Gilgit-Baltistan. However, this appointment raises legal questions as to the absence of explicit constitutional provisions for such scenarios.
Azam Khan’s demise triggered a debate on the process for appointing a new caretaker chief executive in the absence of clear constitutional guidelines.
Articles 224 and 224-A outline procedures for the initial appointment after the dissolution of a provincial assembly, but they remain silent on scenarios involving the death or resignation of an incumbent.
Legal experts differ on the applicable mechanism, with some suggesting the adoption of the existing provisions in Articles 224 and 224-A, while others propose Senate intervention in emergencies.
Meanwhile Caretaker Information Minister Murtaza Solangi, a day earlier, sought to dispel speculation, asserting that following the caretaker CM’s demise, the governor, chief secretary, and the provincial government would continue their duties as mandated by the Constitution.
