Justice Arshad Hussain Shah was appointed as the caretaker chief minister of Khyber Pakhtunkhwa on Sunday, following the passing of former CM Azam Khan. The appointment process involved consultations between former CM Mahmood Khan, who was a constitutional consultee, and opposition leader Akram Khan Durrani. The KP governor later approved the appointment after signing the necessary summary.
Amidst the appointment process, there has been a legal debate on how a new caretaker chief executive of the province should be appointed, as there are no explicit constitutional provisions for such a scenario. Some legal experts believe that the mechanism provided in Article 224 and Article 224-A can be adopted for the new appointment, while others disagree and argue that the process outlined in the Constitution should be followed.
The situation has been further complicated by the fact that the then CM Mahmood Khan has left the former ruling party, and there is uncertainty surrounding the procedure to be followed after Azam’s demise.
Despite the legal conundrum, the caretaker Information Minister Murtaza Solangi has stated that there is no room for speculation and that the governor, chief secretary, and the provincial government shall perform their duties accordingly.