Modifying Article 239(4): BJP bill ignores Senate panel’s suggestion

The Constitution does not provide for the “creation” of new provinces and only mentions the alteration of boundaries.


Abdul Manan February 22, 2013
A file photo of the senate. PHOTO: FILE

LAHORE:


The Bahawalpur Janoobi Punjab bill, which was tabled in the Upper House on Thursday, did not incorporate a Senate committee’s recommendation to modify Article 239(4), lawmakers from South Punjab told The Express Tribune.


The bill is expected to be put to vote in Senate on Tuesday, February 26.As per the rules, two days have to be given to members to make amendments to a bill, if any.

The Senate Standing Committee on Law and, Justice and Parliamentary Affairs had recommended that appropriate changes in Article 239(4) be made before the new province is created.

The committee recommended, “[In Article 239(4) of the Constitution] after the word “Province”, occurring for the first time, the words “or creating a new Province from the limits of an existing Province” shall be inserted and shall be deemed to have been inserted on and from 30th May, 2012”

A meeting of the Senate committee, held on Wednesday, was attended by representatives from the Pakistan Peoples Party, the Pakistan Muslim League-Nawaz and the Awami National Party. The PML-Functional, Jamiat Ulema-e-Islam and the Muttahida Qaumi Movement, however, were not present.

PML-N Senators Raja Zafarul Haq and Zafar Ali Shah were of the opinion that the Constitution does not provide for the “creation” of new provinces and Article 239(4) only mentions the alteration of boundaries and not the creation of new provinces. Senator Aitzaz Ahsan concurred and suggested inserting the amending clause in the bill.

Published in The Express Tribune, February 22nd, 2013.

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