Friday 27 March 2015

Where is Governor Rana Iqbal’s oath?


LAHORE - The summoning order of 13th session of Punjab Assembly session issued on March 24 by Rana Muhammad Iqbal shows that he is permanent Governor of Punjab and not the Acting one as is being widely understood.
In the said notification, issued by the Governor House and subsequently by the Punjab Assembly secretariat, the words “Acting Punjab Governor” have not been used for Rana Iqbal.
 On the other hand, all official handouts being issued to the media by his Press Secretary Agha Mashhood Shorish mention him as Acting Governor of Punjab.
It is relevant to recall here that a Constitutional petition challenging the appointment of Rana Muhammad Iqbal as Acting Governor of Punjab is pending for decision in the Lahore High Court.
The petitioner’s plea in this case is that under Article 104 of the Constitution, Speaker Punjab Assembly can act as Governor of the Punjab only when there is some sitting Governor in place and not in the present case in which the office is vacant.
The petitioner has also sought his disqualification as member of the Punjab Assembly under Article-103.
While no official in the Governor House was available to explain the reason for referring Rana Iqbal as permanent Governor of the province, a Punjab Assembly official told The Nation that he (Rana Iqbal) has been appointed as Governor under Article 101 (5) of the Constitution; which states: “The President may make such provision as he thinks fit for the discharge of the functions of a Governor in any contingency not provided for in this Part”.
 According to him, Rana Iqbal is a full-fledged Governor and not an “Acting” one.
   If the official explanation in this regard is accepted as genuine, the Governorship of Rana Muhammad Iqbal becomes controversial on various counts.
While no oath of office is required for an Acting Governor appointed under Article-104, the same is required if the Governor is appointed under Article 101 (1) of the Constitution.
The subsequent Article-102 deals with oath of office of the Governor so appointed by the President.
 It says: “Before entering upon office, the Governor shall make before the Chief Justice of the High Court oath in the form set out in the Third Schedule”.
  The fact remains that Rana Iqbal has made no such oath as required under the relevant article.
  Another point which questions the legality of Rana Iqbal’s current position is not fulfilling the conditions of Governor’s office as described under article-103 of the Constitution.
It says: “The Governor shall not hold any office of profit in the service of Pakistan or occupy any other position carrying the right to remuneration for the rendering of services.
In this case, Rana Iqbal is Speaker of the Punjab Assembly, a position which carries right to remuneration for the rendering of services.
Although an Acting Speaker (Deputy Speaker) is performing duties as Speaker at the moment, but Rana Iqbal is also enjoying the perks and privileges of a Speaker at least to the extent of getting remuneration from the Assembly.
 According to second condition of Governor’s office, if a member of National Assembly or Provincial Assembly is appointed a Governor, his seat in the Assembly shall become vacant on the day he enters upon his office.

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