The Absence of the Khyber Pakhtunkhwa Cabinet and the Threat of Article 234
Author : Sher Afzal Marwat
The Constitution of Pakistan upholds provincial autonomy and parliamentary democracy on the principle that the government is not complete merely with the election of a Chief Minister. Under the Constitution, the provincial cabinet is the central body of governance. Policy-making, administrative decisions, and the exercise of departmental powers attain constitutional legitimacy only when carried out collectively through the cabinet.
In the Mustafa Impex Case (PLD 2016 SC 808), the Supreme Court laid down a clear and unambiguous principle that no individual can exercise state or executive powers alone—not even the Prime Minister without cabinet approval. This principle fully applies to the provinces as well. Following this precedent, it is now an undeniable constitutional reality that if a Chief Minister exercises governmental powers in isolation, it constitutes a deviation from the Constitution, rendering government actions devoid of constitutional legitimacy.
In the current situation of Khyber Pakhtunkhwa, the absence of a cabinet has created a constitutional vacuum. For administrative decisions, budgetary matters, departmental functions, and overall governance to have constitutional authority, the formation of a cabinet is indispensable. If the governmental structure remains confined solely to the Chief Minister, a serious question arises: Is the provincial government constitutionally functional?
Article 234 of the Constitution empowers the President of Pakistan to issue a Proclamation and temporarily assume provincial powers through the federation or the Governor if, based on the Governor’s report, it is established that the province is not being governed in accordance with the Constitution. This is an extraordinary provision, invoked only when the constitutional machinery effectively collapses. The prolonged absence of a cabinet could justify such an intervention.
If the delay in forming the cabinet is due to political preferences, prolonged consultations, or the awaiting of a detained leader’s instructions, it is constitutionally indefensible. Governance cannot be held hostage to individual whims or personal strategies.
Therefore: 1- An initial cabinet of at least four to five ministers should be formed immediately.
2- Departmental powers should be formally delegated to restore the constitutional foundation of governance.
Failure to do so may push the province toward a political and constitutional crisis, potentially inviting federal intervention.
The command of the Constitution is simple and absolute:
The government must operate in accordance with the Constitution.
The decision now rests on the wisdom and timely action of the provincial leadership.