Setting up parallel ministries unconstitutional: senators

Say it is responsibility of federal, provincial governments to take steps for implementing 18th Amendment

QUETTA: The federal government’s bid to offset the effects of devolution of powers by setting up parallel ministries under different names is unconstitutional and amounts to usurping the rights of federating units, members of a Senate panel insisted on Wednesday.

The members of the Senate’s Functional Committee on Devolution of Powers were speaking at a seminar on the 18th Amendment and devolution of powers to provinces.

They said that it was the responsibility of the federal and provincial governments to take practical steps for implementing the 18th Amendment in letter and spirit.

Chairman of the committee Senator Kabeer Ahmed Muhammad Shai presided over the seminar.



A joint communiqué issued at the conclusion of the seminar criticised the federal government for setting up institutions devolved to the provinces under different names.

This, they said, was against the Constitution and amounted to denial of rights to the provinces.

Only democracy and the federal system of governance could ensure stability in Pakistan, they said.

They said Pakistan’s Constitution guaranteed protection of rights to provinces while remaining within the parameters of this system.

According to the communiqué, the 18th Amendment strengthened the principles of democratic parliamentary system and federal structure, besides ensuring sharing within the federation and joint ownership of natural resources.

It had also promoted the concept of joint supervision of legislation at the federal level, it said.

After adoption of the 18th Amendment, it was necessary to amend laws relating to the Higher Education Commission to devolve powers to the provinces, and doing this was the responsibility of the federation, it asserted.

The federal government, it stated, should also determine the share of the provinces in the HEC funding.

Senator Kabeer Ahmed called for bringing the National Finance Commission Award in accordance with the spirit of the 18th Amendment, besides demanding that devolution of powers should also be included in the parameters of the Council for Common Interests (CCI).



Criticising the federal government, he said it had not yet implemented any of the demands made by the committee.

The Senate’s functional committee, he said, had repeatedly sought information from the provinces about the pace of devolution of powers but only the Sindh government had responded.

Lauding the efforts of Senate Chairman Raza Rabbani, Senator Kabeer said the provinces were facing greater difficulties because the NFC Award did not comply with the constitutional amendment.

He said that the effectiveness of the CCI should be increased with its secretariats in all provinces and the Senate should be given more powers.
Senator Taj Haider of the PPP said that under Article 158 of the Constitution, provinces were given complete control over their resources, while under Article 172, Clause-3, provinces had 50 per cent control over oil and gas production.

“These differences must be removed,” Senator Taj Haider said.

Senators Barrister Saifullah Magsi, Usman Kakar, Ilyas Bilor, provincial ministers Abdul Rahim Ziaratwal, Sardar Raza Muhammad Bareach, Obaidullah Babit, Dr Shama Ishaq and Samina Khan also spoke.