Islamabad (HRNW)- The Federal Constitutional Court has issued a significant ruling on the powers of caretaker governments, declaring appointments made during the caretaker setup illegal while upholding the constitutionality of the law enacted for the dismissal of those employees.
According to reports, a three-member bench headed by Justice Hassan Azhar Rizvi issued a written judgment stating that the primary role of a caretaker government is limited to managing day-to-day affairs and that it cannot make decisions of a permanent nature.
The court observed that a caretaker government does not enjoy the same authority as an elected government and that its actions are subject to the approval of the Election Commission. The judgment emphasized that government appointments are permanent administrative decisions and cannot be categorized as temporary or routine matters.
The Federal Constitutional Court ruled that appointments made by the caretaker government between January 2023 and February 2024 were not in accordance with the law.
The court further held that the Khyber Pakhtunkhwa Employees Dismissal Act 2025 does not violate fundamental rights. According to the judgment, a law cannot be declared unconstitutional merely because it affects a limited number of individuals.
The ruling stated that the Khyber Pakhtunkhwa Assembly, being an elected legislative body, possesses full constitutional authority to enact laws within its jurisdiction.
The court also dismissed the appeals filed by the affected employees.
The case was brought by Class-IV employees who had been appointed to permanent positions during the caretaker government in Khyber Pakhtunkhwa. After the formation of the PTI-led provincial government following the general elections, these employees were dismissed, prompting them to challenge both their termination and the related legislation before the court.
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