Prime Minister's Adviser on Finance, Dr Abdul Hafeez Shaikh would not be eligible to present the annual budget in the National Assembly or chair the National Finance Commission (NFC) meetings if he does not take oath as federal minister. Sources said that although the post of adviser is constitutional, yet he can only discharge day-to-day ministerial affairs and is not eligible to present budget for the next fiscal year and chair high-powered NFC meeting under article 91 (9) of the Constitution of Pakistan.
Article 91 (9) of the Constitution would allow Hafeez Shaikh to take oath as the federal Minister once for a period of six months; it stipulates "a minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a minister and shall not before dissolution of that Assembly be again appointed a minister unless he is elected a member of the National Assembly. Provided that nothing in this clause shall apply to a Minister who is a member of the Senate."
Article-160 (1) of the Constitution states that "the President shall constitute a National Finance Commission consisting of the Minister of Finance of the Federal Government, the Ministers of Finance of the Provincial Governments and such other persons as may be appointed by the President after consultation with the Governors of the Provinces".
The Shahid Khaqan Abbasi led Pakistan Muslim League (PML-N) elevated the then adviser to prime minister on finance Miftah Ismail to the level of federal minister on April 27, hours before he presented the budget for 2018-19.
The Constitution allows Prime Minister to appoint five advisors who can make an appearance as well as statements in parliament as was the case with adviser to former prime minister on Foreign Affairs Sartaj Aziz, who made statements on foreign policy matters on the floor of the House, said an official.
Article 93(1) (2) with regard to Advisors reads, "(1) The President may, on the advice of the Prime Minister, appoint not more than five Advisers, on such terms and conditions as he may determine. (2) The provisions of Article 57 shall also apply to an adviser.
Article 57 states that "the Prime Minister, a Federal Minister, a Minister of State and the Attorney General shall have the right to speak and otherwise take part in the proceedings of either House, or a joint sitting or any committee thereof, of which he may be named a member, but shall not by virtue of this Article be entitled to vote."
On April 19, 2017, the Cabinet Division notified Dr Abdul Hafeez Sheikh as the adviser to Prime Minister on Finance, Revenue and Economic Affairs with the status of Federal Minister after Asad Umar announced his resignation.
Sources in the finance ministry stated that an important meeting of the NFC is expected next week. The Khan administration had criticized the imbalance of resources between the centre and the provinces and conveyed its concerns to the provinces during the last meeting chaired by Asad Umar.
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