' ATIR MAHMOOD, J.--- Through this constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (hereinafter called "the Constitution"), the petitioner has prayed that this Court may direct the respondents to enforce the constitutional requirements of parliamentary forms of government under Article 91 of the Constitution of Islamic Republic of Pakistan, 1973 through appointment of Shadow Cabinet like that of Britain, Canada, Japan in order to check all kinds of corruption and mis-governance at initial stage to promote accountability and eradicate corruption.
2. Learned counsel for the petitioner inter WM contends that the British Parliamentary System is mother of all Parliamentary Governments of the world which is followed by the Canada; that in both the said countries as well as in Japan and other parliamentary systems of governments in the world, there is a shadow cabinet to have check upon the regular cabinet of the respective country; that our country has also parliamentary system of government but here is no shadow cabinet; that the shadow cabinet has full access to activities of the ministries/ government functionaries; that absence of shadow cabinet is promoting uncheck upon the cabinet regarding their mis- governance and corruption; that the shadow cabinet can play a vital and effective role as opposition failing which the majority rule is converted into dictatorship; that the system of shadow cabinet will improve the accountability process to curb all kinds of corruption at the first stage, therefore, this writ petition be allowed and direction be given to the respondents to enforce constitutional requirements of parliamentary forms of government through appointment of shadow cabinet. He relied upon the case reported as Government of Sindh through Chief Secretary to Government of Sindh, Karachi and others v. Sharaf Faridi and others (PLD 1994 Supreme Court 105).
3. Learned counsel for respondent No.4 while replying upon the cases reported as Province of Sindh through Chief Secretary and others v. M.Q.M. Deputy Convener and others (PLD 2014 Supreme Court 531 and Al-Jehad Trust through Habibul Wahab AI-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others (1999 SCM R 1379) supported the petitioner. His stress was superior courts can give directions to legislature to frame rules for smooth functioning of the government and curb corruption of the government functionaries. On the other hand, learned Additional Advocate General vehemently opposed this writ petition mainly on the ground that there is no concept of shadow cabinet in the Constitution.
4. Leader of Opposition in National Assembly through his report and parawise comments has also opposed the formation of shadow cabinet.
5. Arguments advanced from all corners have been heard and the record made available before me has also been perused.
6. The emphasis of learned counsel for the petitioner while praying for direction to the respondents to appoint shadow cabinet is on Article 91 of the Constitution. I have gone through the said Article, the same does not suggest forming a shadow cabinet. Even, no concept of shadow cabinet has been given anywhere in the Constitution.
7. So far as the concept of shadow cabinet introduced and implemented in other preliminary systems of governments like that of Britain, Canada, Japan and others is concerned, suffice it to say that each country has its own Constitution and laws which may or may not be adopted by the other countries. When the Constitution of our country has no such provision of concept, the respondents cannot be issued direction as prayed for rather it is the sphere of the Parliament to amend Constitution in a way as it desires but subject to certain conditions i.e. That the basic structure of the Constitution is not affected by any such amendment.
8. The governance in Pakistan has to be conducted in accordance with the Constitution in its letter and spirit. Any parliamentary practice in other parliamentary systems of Government in the world may have persuasive value but it is not per se part, of the legal system of Pakistan unless incorporated through appropriate legislative interventions.
9. In our country, the opposition has been raising issues of corruption by the government functionaries in the parliament as well as in the media, so it can be said that it has been performing the role of shadow cabinet in other countries. The concept of shadow cabinet is alien to the Constitution and since this Court has to act in accordance with the Constitution and the laws of the land, therefore, no direction as prayed for can be issued to the respondents for an act which is beyond the Constitution by this Court.
10. Furthermore, the rules of procedure of the Provincial Assembly of the Punjab as well as National Assembly recognize the office of the leader of the Opposition and the rules facilitate the opposition members to play an effective role vis-a-vis the proceedings in the respective Assembly, promotion of democratic ideals and establishment of a truly welfare State in line with the injunctions of Islam.
Needless to observe that the concept of shadow cabinet wherever in the world may be an effective mode of opposition but it is not the only mode of opposition. The concept of shadow cabinet is not just for accountability but to prepare a cabinet ready to perform functions of the cabinet if the opposition party wins the elections. Process of accountability operates in Pakistan through Public Accounts Committee, various standing Committees in National Assembly and Senate which consist of members of Opposition and treasury benches. The Standing Committees of the Parliament in Pakistan have the powers to require attendance of persons or production of record where it is considered necessary under the Rules of Procedure and Conduct of Business in the National Assembly, 2007 and the Rules of Procedure and Conduct of Business in the Senate, 2012.
The Standing Committees have been assigned the functions of examining the expenditures, administration, delegated legislation, public petitions and policies of the Ministry concerned under the rules. The Standing Committees are also empowered to scrutinize and smuggest amendments and recommend Ministry's Public Sector Development Program (PSDP) for the next financial year.
As such, the opposition through its representation in the Standing Committees can play effective role to have check upon the government, therefore, it cannot be said that without formation of shadow cabinet, the accountability of the government is not possible at all. Even otherwise, whether or not there should be a shadow cabinet in Pakistan is a matter which can only be decided by the political parties representing citizens of the country in the Parliament and there is no legal inhibition upon them in this regard.
11. Direction to form a shadow cabinet does not come within the ambit of powers given to this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 and the same can only be done through amendment in the Constitution and not by way of direction by this Court under Article 199 of the Constitution.
12. For what has been discussed above, this writ petition is bereft of any force, hence dismissed.