Pakistan Tehreek-e-Insaf (PTI) will be able to remove and/or appoint only a limited number of constitutional posts including governors of provinces, attorney general and Governor State Bank of Pakistan. The government will have to wait for the expiry of the constitutional term of other posts as they cannot be removed or appointed through an executive order.
The governors of all four provinces and Attorney General of Pakistan are appointed by the President on the advice of the prime minister. They can hold office with the pleasure of the President, or resign from their positions on their own will.
Under the constitution, governors enjoy immunity as no criminal proceedings whatsoever can be instituted or continued against them during their term in the office. Also, no process for the arrest or imprisonment of a governor can be issued by any court during his term of office.
Governor Sindh Mohammad Zubair has resigned from his position following the July 25 elections. The governors of other three provinces are likely to be replaced by PTI loyalists if they fail to resign from their respective positions.
Attorney General of Pakistan Ashtar Ausaf resigned from his position on June 20 as he was appointed by the previous PML-N government. The caretaker government appointed Khalid Jawed as the new Attorney General the very next day. There is no specific term for this post and the PTI government may either allow Jawed to continue or replace him with another person of its choice.
Other constitutional posts include Chief Election Commissioner, Chief Justice and Judges of Federal Shariat Court, Chairman National Accountability Bureau (NAB), Prosecutor General NAB and Auditor General of Pakistan.
Chief Election Commissioner is appointed for five years, judges of Federal Shariat Court for a term not exceeding three years, chairman NAB for four years, Prosecutor General NAB for three years, Auditor General of Pakistan for four years and chairman Public Service Commission for three years.
Chief Election Commissioner former Justice Sardar Raza was appointed in December 2014 and he will retire in December 2019. Chief Justice Federal Shariat Court, Justice Riaz Ahmad Khan, was appointed on May 12, 2017 and will retire on May 11, 2020.
Chairman NAB former Justice Javed Iqbal was appointed in October 2017 and will retire in October 2021. Prosecutor General NAB Syed Asghar Haider was appointed in January 2018 and will retire in January 2021.
Auditor General of Pakistan Javed Jahangir was appointed in August 2017 and will retire in August 2021. Chairman Public Service Commission Naveed Akram Cheema was appointed in September 2015 and will retire in September 2018. Persons appointed on all above constitutional positions can only be removed through a procedure given in Article 209 of the constitution.
The constitution says that Supreme Judicial Council on receipt of a complaint against any person appointed on the constitutional position can initiate proceedings against him/her. After inquiring the matter, the Supreme Judicial Council reports the matter to the President that the person is incapable of performing duties of his office or has been guilty of misconduct, and then the President may remove him from the office.
The office of the Governor State Bank of Pakistan (SBP) is a statutory post for a period of three years and the incumbent can be removed by the President of Pakistan under laid down procedure in SBP Act 1956.
The Act allows appointment of SBP governor for a period of three years, however, as per procedure the President may remove him if he becomes permanently incapable of performing his duties, or is subject to any of the disqualification specified in subsection specified in subsection (10) of section 10 that requires before taking action under this sub-section, the governor would be given a notice to show cause and an opportunity of being heard. The Governor may resign from his office by statement to that effect in writing signed by him and addressed to the federal government.
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