amendments in rules of business, 1973

AMENDMENTS IN RULES OF BUSINESS, 1973

Article 99(3) of the Constitution provides “The Federal Government shall also make

rules for the allocation and transaction of its business”, while Article 90(1) provides the

mechanism for the exercise of the executive authority of the Federal Government “the executive

authority of the Federation shall be exercised in the name of the President by the Federal

Government, consisting of the Prime Minister and the Federal Ministers”. Thus, the exercise of

executive authority of the Federation is a constitutional mandate of the Federal Government,

which consists of the Prime Minister and the Federal Ministers. The same has been re-

emphasized by the Supreme Court of Pakistan in its judgement reported as PLD 2016 SC 808

which has re-defined the Federal Government as the Federal Cabinet. In view of the above

constitutional dispensation, it is the Cabinet which has the mandate to exercise the executive

authority of the Federation by framing of policies on subjects listed in the Federal Legislative

List (Part I) of the Fourth Schedule of the Constitution, in the manner as provided in the Rules of

Business, framed under the Constitution.

2. Owing to a loose definition of Federal Government till the pronouncement of judgment

of the Supreme Court in 2016, the role of Cabinet has been diluted and the power seems to have

been concentrated in the Prime Minister. Thus, the Rules of Business need to be amended to

bring them in conformity with the constitutional scheme which envisages a Cabinet Form of

Government instead of Prime Ministerial form of Government. The Subgroup was also conscious

of the principles enunciated by Supreme Court in its judgment regarding the definition and

constitutional role of Federal Government besides some issues being faced by Administrative

Secretaries in day to day functioning. Thus, the rationale for amending the Rules of Business,

1973 stems from the following:

a. Moving towards a Cabinet form of Government by empowering the Cabinet as per

the constitutional scheme;

b. Abiding by the principles enunciated by the Supreme Court in its judgment; and

c. Issues faced by administrative Secretaries and the Prime Minister’s Office while

conducting the day to day running of the government and the Cabinet.

3. At the same time, the working group was also aware that the business of running the

federal government is complex, and the recommendations made by the Taskforce must balance

the day to day requirements of the state with the ability to manage priorities and multiple demand

on the time of the Cabinet and its members. Keeping this in view the subgroup is recommending

the following changes/amendments in the existing Rules of Business for efficient administration,

compliance with Supreme Court’s judgment and more importantly bringing the composition of

the Federal Government in line with the Constitution by empowering the Cabinet to be

responsible for policy formulation and overall decision-making:

S.No. ExistingProvision

Proposed Rationale Nature ofAmendmen

t1 Rule 2(ix)

“Government meansthe FederalGovernment”

Rule 2(ix)“Government meansthe FederalGovernmentconsisting of thePrime Minister andthe FederalMinisters”

As per Article 90 ofthe Constitution

Empowermentof the Cabinet

2 Rule 2(x) “Leader ofthe House means theMinister appointedby the PrimeMinister to regulateofficial business inthe Assembly or theSenate or the Majlis-e-Shoora(Parliament) in jointsitting as the casemay be”

Rule 2(x) “Leaderof the House meansthe Minister in theNational Assemblyand a Minister or aSenator appointedby the PrimeMinister to regulateofficial business inthe Assembly or theSenate, or theMajlis-e-Shoora(Parliament) in jointsitting as the casemay be, provided inthe case of jointsitting the Leader ofthe House in theNational Assemblywill regulate officialbusiness therein.”

It is not necessarythat Leader of theHouse is a Ministere.g. Leader of theHouse in Senate isSenator Shibli Farazwho is not aMinister

Clarification

3 Rule 2(xiii)“Minister means theFederal Minister-in-charge of theMinistry to which a

Rule 2(xiii)“Minister meansand includes aFederal Minister, aMinister without

There is a need todefine FederalMinister andMinister of Stateseparately keeping in

Clarification

particular casepertains and includesa Minister withoutportfolio and aMinister of State”

portfolio and aMinister of State”

view provisions ofArticle 90 and 91(6)of the Constitution

4 NEW INSERTION Rule 2(xxi)“Federal Ministermeans a Minister-in-charge of aMinistry or Divisionappointed by thePresident underArticle 92(1) of theConstitution andMinister withoutportfolio”

Defined separatelyto make a distinctionbetween a FederalMinister and MOS

Clarification

5 NEW INSERTION Rule 2(xxii)“Minister of Statemeans the Minister,except the FederalMinister as providedin Article 91(6) andappointed by thePresident underArticle 92(1) of theConstitution”

Defined separatelyto make a distinctionbetween a FederalMinister and MOS

Clarification

6 Rule 2(xv) “Majlis-e-Shoora(Parliament) meansthe NationalAssembly and theSenate”

Rule 2(xv) “Majlis-e-Shoora(Parliament) meansthe President, theNational Assemblyand the Senate”

Brings it in line withArticle 50 of theConstitution

Clarification

7 Rule 3(4) “ThePrime Minister shallallocate amongst hisMinisters thebusiness ofGovernment byassigning severalDivisions specifiedin Schedule I to thecharge of a Minister”

Rule 3(4) “ThePrime Minister shallallocate amongst hisMinisters thebusiness ofGovernment byassigning a Divisionor several Divisionsspecified inSchedule I to thecharge of aMinister”

Brings clarity vis-a-vis the questionwhether Division(s)can be assigned to aMinister

ClarificationAdministrativeEfficiency

8 Second Proviso toRule 3(4) “Provided

Omitted Redundant afterclarity in Rule 3(4)

further that morethan one Divisionmay be assigned to aMinister”

above

9 NEW INSERTION Second Proviso toRule 3(4) “Providedfurther that for aDivision or Ministrynot assigned to anyMinister, the PrimeMinister maydelegate, any orsome of his powersof Federal Minister/Minister-in-chargeto any otherMinister”

Current Rules ofBusiness do notprovide fordelegation of powersof Minister-in-charge to any otherMinister. ThoseDivisions/Ministriesin charge of a PrimeMinister overburdens him, thusthere is a need toprovide for thisdelegation

Empowermentof the Cabinet& Clarification

10 Rule 5(1) “Noimportant policydecision shall betaken except with theapproval of the PrimeMinister”

Rule 5(1) “Noimportant policydecision shall betaken except withthe approval of theCabinet”

The Ministers arerequired to send allpolicy decisions tothe Prime Ministeras per existingdispensation, leadingto over-centralization in thePMO. In order toempower theCabinet, this changeis being proposedwhich would alsoprovide forconvergence ofpolicy formulation atthe Cabinet level.


11 Rule 5(12) “TheCabinet Divisionshall obtain orders ofthe Prime Ministerwhere necessary”

Rule 5(12) The Cabinetdivision shall obtainorders of theCabinet in case ofinterpretation of therules and in anyother matterwherever necessaryfrom the PrimeMinister.

Cabinet, beingcustodian and framerof Rules ofBusiness, shouldhave the power tointerpret and not thePrime Minister


12 Rule 8(1A) “TheDivision shouldnormally furnish itsviews to the referringDivision within afortnight of thereceipt of reference”

Rule 8(1A) “TheDivision shouldnormally furnish itsviews to thereferring Divisionwithin a fortnight ofthe receipt ofreference. If noresponse isreceived withinthirty days, theopinion of thereferring Divisionshall be deemed tohave beenconcurred”

To bring efficiencyand avoid unendingdelay in inter-ministerialconsultations

Administrativeefficiency

13 Rule 9(1) “Thereshall be aSecretaries’Committee to discussmatters referred to itby a Division, aMinister or the PrimeMinister, in whichcollective experienceand collectivewisdom of the seniorofficers could beconsulted, to thebenefit of the subjectunder consideration”

Rule 9(1) “Thereshall be aSecretaries’Committee todiscuss mattersreferred to it by aDivision, a Minister,the Prime Ministeror the Cabinet, inwhich collectiveexperience andcollective wisdomof the senior officerscould be consulted,to the benefit of thesubject underconsideration”

Provides Cabinet theoption to refer amatter to SecretariesCommittee, which iscurrently notprovided in theRules

Empowermentof the CabinetAdministrativeEfficiency

14 Rule 15(1)(a):“Cases involvingimportant policy ordeparture fromimportant policy;Note: Departure frompolicy includesdeparture fromprevious decision ofthe Cabinet or the

Rule 15(1)(a):“Cases involvingdeparture from aprevious decision ofthe Prime Minister”

The Prime Ministermay not allowdeparture from aprevious decision ofthe Cabinet, therebyundermining itsauthority


Prime Minister”

15 Rule 15(1)(c) “caseswhere it is proposedthat the FederalGovernmentundertake theimplementation of aninternationalagreement relating toa subject in theprovincial field”

Omitted The Prime Ministercannot take adecision on behalf ofthe FederalGovernment(Cabinet); thus thesame should beomitted from hereand placed as a newentry under Rule16(1) i.e. Cases tobe brought beforethe Cabinet as Rule16(1)(p)


16 Rule 16(1)(j) “casesinvolving vitalpolitical, economicand administrativepolicies”

Rule 16(1)(j) “caseshaving impact onpolitical, economicand administrativepolicies”

Point of Debate:Suggestion is toleave it as is sincevital is much betterdefined than impact.

The Rule is vague asit does not elaboratethe word ‘vital”. Thecurrent formulationis vague andcoincides withexisting Rule 5(1) aswell. It is proposedthat cases, havingbearing on political,economic andadministrativepolicies, shall beplaced beforeCabinet.

Clarification

17 Rule 16(1) (m) “any case desired by the Prime Minister to be referred to the Cabinet”

Rule 16(1) (m)Cases involvingdeparture of aprevious decision ofthe Cabinet and anycase desired by thePrime Minister to bereferred to theCabinet”

Current dispensationallows the PrimeMinister to allowdeparture from aprevious decision ofthe Cabinet, therebyundermining itsauthority. Thisanomaly is beingrectified byconferring the powerto depart from anearlier decision ofthe Cabinet to thecabinet itself, instead


of the PrimeMinister

18 Rule 15(1)(c) “cases where it is proposed that the Federal Government undertake the implementation of aninternational agreement relating toa subject in the provincial field”

Rule 16(1)(p)“cases where it isproposed that theFederal Governmentundertake theimplementation ofan internationalagreement relatingto a subject in theprovincial field”

Since FederalGovernment meansthe Cabinet, theentry needs to bemoved fromReference to thePrime Minister toCases to be broughtbefore the Cabinet


19 Rule 16(2):“Notwithstanding theprovisions of sub rule1, the Prime Ministermay in any case givedirections as to themanner of itsdisposal withoutprior reference to theCabinet.”

Rule 16(2):“Subject to Rule5(1), the PrimeMinister may in acase give directionsas to the manner ofthe disposal of thecase in line with thedecision of theCabinet.”

For smoothfunctioning of thebusiness of the Stateit is important thatmanner of disposalof cases, once theCabinet hasapproved thedecision on a case,be retained with thePM. It will becomevery difficult tomanage the businessof the state if such aproviso is notincluded. However,this is subject toRule 5(1) and to theprior decision of theCabinet regardingthe case.


AdministrativeEfficiency

20 Rule 18(1) “Inrespect of all casesto be submitted to theCabinet, theSecretary of theDivision concernedshall transmit to theCabinet Secretary aconcise, lucid andprintedmemorandum of thecase (hereinafter

Rule 18(1) “Inrespect of all casesto be submitted tothe Cabinet, theSecretary of theDivision concernedshall transmit tothe CabinetSecretary a concise,lucid and printedmemorandum ofthe case(hereinafter referred

This change shallempower the MOSto authorizesubmission ofsummary to theCabinet, instead ofbeing sent to PMwhere PM is theMinister-in-charge,thereby saving timeand reducing burdenon PM

Clarification

referred to as the"summary"), givingthe background andrelevant facts, thepoints for decisionand therecommendations ofthe Minister-in-Charge. In the eventof views of theDivision beingdifferent from theviews of theMinister, both theviews shall beincluded in thesummary”

to as the"summary"), givingthe backgroundand relevant facts,the points fordecision and therecommendations ofthe Minister. Inthe event of viewsof the Divisionbeing differentfrom the views ofthe Minister, boththe views shall beincluded in thesummary”

21 NEW INSERTION Rule 22(5) “Thereshall be anExecutiveCommittee of theNational EconomicCouncil (ECNEC)to be appointed bythe Prime Minister.The Terms ofReference, ofECNEC, shall benotified by theCabinet Divisionwith the approval ofthe Prime Minister”

ECNEC has no legalbasis. This additionwill provide thedesired cover.

Clarification

22 Rule 49(3) “Theimplementation of aninternationalagreement in theProvincial field shallnormally be theresponsibility of theProvincialGovernment unlessin any case specificorders of the PrimeMinister are obtained

Rule 49(3) “Theimplementation ofan internationalagreement in theProvincial fieldshall normally bethe responsibility ofthe ProvincialGovernment unlessin any case specificorders of theCabinet are

Since the rule 15(1)(c) has been omittedand a correspondingentry has beeninserted in rule 16(1)(o); hence thecorrespondingchange


by the Divisionconcerned inaccordance with rule15(1)(c)”

obtained by theDivision concernedin accordance withrule 16(1)(p)”

23 Rule 57 “The PrimeMinister may permit,where he considers itnecessary, relaxationof the provisions ofthese rules inindividual cases”

Rule 57 “The PrimeMinister maypermit, where heconsiders itnecessary,relaxation of theprovisions of theserules in individualcases, providedthese cases arerecorded in writingand are broughtbefore the Cabinetat the first possibleopportunity.”

Rule 57 allows thePrime Minister torelax the provisionsof rules ibid. Thisneeds to be deletedas Rules are framedby the Cabinet andthe authority whichmakes the rulesshould relax/amend/modify etc. Further,this power of thePrime Ministerundermines theauthority of theCabinet


24 Schedule IVNoteunder Serial No. 2“The inclusion ofthese officers isintended to enablethem to executeorders in the name ofthe President inrespect of suchmatters only as relateto the staff in thePresident’sSecretariat (Public)or Prime Minister’sOffice”.

This should not bechanged. Therationale is notvalidated.

Omitted This Note restrictsthe officers ofPresidency/PMO tothe extent of issuingorders in respect ofmatters only relatedto their respectiveoffices, while theseofficers also conveydirections/orders ofthe PM/Presidentunder their ownsignatures. Thisomission willremove thislimitation.


25 Schedule V-A “Serial No. 1B.

Rules for theconvenient

Omitted Article 90(1) and99(3) empower theCabinet, and not thePrime Minister, as


transaction ofbusiness of theFederal Government.– Article 90 & 99.”The Supreme Courtjudgement does notcover convenienttransactions thereforethis should be left asit is.

per Supreme CourtJudgement to frameRules of Business

26 Schedule V-A “Serial No. 21 Disciplinary matter in respect of all officers under the Federal Government,and Provincial Chief Secretaries, includingimposition of major/minor penalties”

Schedule V-A“Serial No. 21Disciplinary matterin respect of allofficers in whosecases the PrimeMinister is theAppointingAuthority withinthe meaning ofRule 6 of CivilServants(Appointment,Promotion &Transfer) Rules,1973 or under anyother law or rules,and Provincial ChiefSecretaries,including impositionof major/minorpenalties”

Rule 6 of CivilServants(Appointment,Promotion &Transfer) Rules,1973 delegates thepower toadministrativeSecretaries forofficers in BS19 andbelow, thus thewords “all officersunder the FederalGovernment” is notin line with the saidprovision and thushas been suitablyamended.


27 Schedule V-A “Serial No. 23. Appointment required to be made by the Government under any law for thetime being in force”

Omitted.Rule 16(1)(o)“Appointmentrequired to be madeby the Governmentunder any law forthe time being inforce” may beinserted instead

Sl. No. 23 ofSchedule-VA, whichrequires submissionof cases to the PrimeMinister for decisionregardingappointments whichare required to bemade by the“Government” underany law for the timebeing in force,requires to be


deleted since theword “Government”now means theCabinet and may beinserted in Rule16(1) i.e. “List ofcases to be broughtbefore the cabinet”.

28 Schedule V-B, “Serial number 1B: Determination of salaries, allowances and privileges of the President, Prime Minister, Federal Ministers, Ministers of State.”

Omitted. This is redundantpost thepromulgation of thePresident’s, PrimeMinister’s andFederal Ministersand Ministers ofState Salary,Allowances andPrivileges Acts,1975

AdministrativeEfficiencyClarificaiton

WAY FORWARD

It is suggested that the above-mentioned changes may be approved by the Taskforce on

Federal Government Restructuring and Austerity. Once the Taskforce approves it, the same may

be forwarded to Cabinet Division to place it before the Cabinet for its approval.

Working Group on the Rules of Business

Proposed TOC of the FG Rules of Business

1. Title and Commencement 2. General Definitions3. Defining the Federal Government in the light of the Constitution – scope, authority and

jurisdiction (Constitution of Pakistan – Clause 90-99)a. Relations with the Majlis e Shoora (Parliament) – procedures, processes and

accountabilityb. Relations with the Provinces (Clause 129-139, Clause 141-149)c. Role of Local government (Clause 140)

4. Structure of the Federal Government a. Organization of the Cabinet (structure, composition, procedures)b. Organization of Ministriesc. Organization of Executive Departments

5. Delegation, Authority and Decision-making Structure a. Role of Presidentb. Role of the PMc. Role of Cabinetd. Role of the Ministere. Role of the Secretary of an Executive Department

6. Broad guiding principlesa. Responsiveness to the Peopleb. Accountability and Transparency c. Performance based Managementd. Collaborative Management and Empowered teamse. Gender diversity and Inclusion

7. Key Functions of an Executive Departmenta. Developing Policies and Setting Prioritiesb. Identifying Key Stakeholders and Determining Customer Service Level

Benchmarksc. Goal Setting and Planningd. Financial Management, Budget preparation and Reviewe. Human resource management and planningf. Oversight and Monitoring and Evaluation of Department level outcomesg. Review and Updation of business processes and proceduresh. Reportingi. Coordinating across and within departments/ministries

i. Consultation with the Cabinet Department ii. Consultation with the Human Resource Management Department

(Establishment)iii. Consultation with the Finance Departmentiv. Consultation with Foreign Affairs Departmentv. Consultation with the Law and Justice Departmentvi. Consultation with the Revenue Department

8. Legislation9. Audit and Oversight Processes 10. Mechanisms for Federal and Provincial Coordination (in the light of the Constitution

under Section 3)a. National Council of Ministers

i. Council Membersii. Terms of Referenceiii. Role & Responsibilitiesiv. Procedures

b. National Committee of Sectoral Secretaries

Working Group on the Rules of Business

i. Committee Membersii. Terms of Referenceiii. Role & Responsibilitiesiv. Procedures

c. National Economic Councili. Council Membersii. Terms of Referenceiii. Role & Responsibilitiesiv. Procedures

d. National Council on Taxationi. Council Membersii. Terms of Referenceiii. Role & Responsibilitiesiv. Procedures

e. Secretaries’ Committeei. Committee Membersii. Terms of Referenceiii. Role & Responsibilitiesiv. Procedures

f. Role of Cabinet Secretary11. Channels for Communication

a. E-Government b. Confidentiality Protocols

12. Conflict Resolution and Dispute management13. Provisions for Proclamation of State of Emergency14. Process to review FG Rules of Business

List of SCHEDULES (To be Reviewed)

These are taken from the current rules of business As-IsSchedule I. List of Ministries and DivisionSchedule II. Distribution of business among the DivisionsSchedule III List of Attached Departments declared as such by the Federal GovernmentSchedule IV. List of officers authorized to make and execute orders and other instruments in the name of the PresidentSchedule VA. List of cases to be submitted to the Prime Minister for his/her ordersSchedule VB. List of cases requiring orders of the President on the advice of the Prime MinisterSchedule VI. List of cases to be submitted to the President for his orders in his/her discretion Schedule VII. Cases and papers to be submitted to the President for information

RULES OF BUSINESS REFORMS WORKING GROUP

Working Group Members

1.Roshaneh Zafar - Chairperson

2.Salman Siddique - Member

3.Hasaan Khawar - Member

4.Mueen Afzal - Member

5.Fatima Asad-Said – Member

6.Mr Jawad Paul – Member

7.Nauman Yusuf - Member

November 12, 2018

Structure of the Presentation• Guiding Principles• Proposed Changes to the Existing Rules of Business• Proposed Table of Content for the Rules of Business• Way Forward

Guiding Principles (1/2)1. Create a performance-based culture, which fosters problem-solving

and effective decision-making through delegation, decentralization and clarity in role definition at various levels and ensures greater accountability and compliance to the Constitution of Pakistan.

2. Ensure transparency and disclosure by aspiring towards an inclusive and responsive government , foster open communication, and encourage collaboration and ownership at all levels within Government including relationships between the federal and provincial governments.

Guiding Principles (2/2)3. Evolve towards a leaner government structure which empowers the

Cabinet for consensus-based decision-making, and adopt flexibility and agility to ensure continuous improvement and learning in government processes.

4. Create greater engagement with, and empowerment of citizens, by encouraging consultation with end-users and soliciting citizens’ input to improve policies using innovative channels.

5. Foster and enable a digital culture that transforms the Government by enhancing its efficiency, effectiveness and speed.

Division of Authority (Current Scenario)

Cabinet Prime Minister

Primary decision-makerPrimary decision-maker

Main arbiter for all important policy

decisions.

Main arbiter for all important policy

decisions.

Responsible for organization of the government, ministries, divisions and functions

Responsible for organization of the government, ministries, divisions and functions

Proposals for negotiations with foreign countries, agreements,

representation

Proposals for negotiations with foreign countries, agreements,

representation

Collectively responsible for approving legislation, taxes, debt requirements, budgets

Collectively responsible for approving legislation, taxes, debt requirements, budgets

The Cabinet Form of Government (UK)

The Prime Minister• Overall Responsibility for organising the

government ie determining the appointment of Minsters and the Cabinet, allocation of functions etc

• Takes a lead on significant matters of the State &

• Head of the Civil Service

The Cabinet• Overall authority and arbiter of

government policy • Decisions are based on collective

responsibility• Cabinet is assisted by Cabinet

Committtees

Proposed Changes to the Existing Rules of Business

• Aligning the Rules of business with the Constitution and the principles enunciated by the Supreme Court in its judgment

• Alleviating some of the administrative burden and the delays faced at the level of the secretarial and ministerial level

• Introducing clarifications wherever required for smooth functioning of the Federal government

Discussion on the proposed amendmentsCaveat:

The changes proposed to the existing rules of business relate primarily to the first point in terms of aligning the role of the Cabinet and the Prime Minister while ensuring effective decision-making

The working of the government is complex, to say the least, so in terms of immediate reform its best to veer on the conservative side and create space through initial “wins” for future change.

Nature of the Proposed Amendments

Nature of Amendment Number of Amendments

Empowerment of the Cabinet 14

Administrative Efficiency 6

Clarification 8

Total Amendments 28

The working group is also of the opinion that ultimately the rules of business will have to be re-drafted to account for the recommendations of the taskforce on the restructuring of the Federal Government.

Proposed Table of Content for the Rules of Business

RULES OF BUSINESS REFORMS ACTION PLAN First Six Months

Revising Rules Of Business of the FG – Phase I

Activities/MilestonesResponsible

Person from the Task Force

Responsible Person from implementing

entityDeadline

Developing a principle based framework for revising the FG Rules of Business

Roshaneh Zafar Completed

Cabinet Approval of the proposed FG Structure

TBD

Phase I: Revised Rules of Business in light of the SC Judgement

Roshaneh Zafar/ Jawad Paul

Completed/To be Reviewed

Revised Rules of Business Presented to the Cabinet for Approval

Cabinet Division 31st December

Revising Rules Of Business of the FG – Phase II

Activities/MilestonesResponsible

Person from the Task Force

Responsible Person from implementing

entityDeadline

Phase II: Redrafting the Rules of Business holistically to account for the overall reform proposals from the Taskforce

New Rules of Business First Draft Prepared

15th March, 2019

New Rules of Business Presented to Cabinet for Approval

31st March, 2019

Thank you!

amendments in rules of business, 1973

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