Elections are held all over the world but this practice of putting unelected people in power in the name of caretaker governments does exist only in Pakistan.
Here comes a crunch question to the fore; what is the utility of this arrangement and do we have any rules and regulations regarding the selection, competence, powers, and performance of the supervisory governments or not?
What is the reason that where elections are held without unelected caretaker governments, matters are handled amicably, and even with caretaker governments in our country, elections become controversial?
An entire governmental structure is established, albeit temporarily, in the name of a caretaker government. But the detailed legislation about this arrangement could not be done to date.
Section 230 of the Election Act and Article 224 of the Constitution has some very basic things to elaborate but they are insufficient and vague.
What is the reason that while a strict standard has been set for the qualification of a Member of Parliament; no rule has been set for the qualification of a caretaker government?
If the Prime Minister or the Chief Minister and the Leader of the Opposition suggest a name, there should be a law and regulation to test the eligibility of that name, where is it?
The same is the case with the caretaker cabinet. Article 224 of the Constitution only states that the Caretaker Cabinet shall be selected on the advice of the Caretaker Prime Minister and Caretaker Chief Ministers but it does not specify the eligibility criteria for the Caretaker Cabinet. In a democratic society, such discretionary power is surprising.
The second question is about the scope and extent of its powers. What will be its benefits? To whom is it accountable? The surprising thing is that the detailed answer to these questions is neither in the Constitution nor in the Election Act.
Running a normal business is no doubt necessary so that the affairs of the state do not come to a standstill, but it can take many forms and it is not necessary to form a government of unelected people.
Why has the only elected body in the form of the Senate been suspended ( for all practical purposes) during this period? At the very least, it could make the unelected caretaker government accountable to the Senate.