Question of federal job quota stays unresolved

Govt yet to amend expired job quota provision for provinces

ISLAMABAD: While the provinces are demanding the announcement of the National Finance Commission Award, the government has yet to legislate on the provincial quota system for federal government jobs which expired soon after the Pakistan Muslim League-Nawaz (PML-N) came into power.

Despite expiring on August 13, 2013, new rules for provincial quotas in federal government jobs have still not been enacted.

Article 27 of the 1973 Constitution provided safeguards against discrimination in services on the grounds of race, religion, caste, sex, residence, or place of birth. The fundamental idea behind this provision was to promote the interests of people living in less-developed areas and to protect their rights while bringing them at par with developed areas.

The Constitution of 1973 had fixed a period of 10 years for provincial job quotas. But in 1983 and 1999, the governments of the day enhanced, with the latter’s having a 40-year expiration date – 2013.

The federal cabinet of the outgoing government of Pakistan Peoples Party (PPP) in 2013 decided in principle in its last meeting on March 7 to extend the period for 20 more years till 2033, but no amendment was tabled due to the party’s focus on the general election.

Now that the constitutional provision has expired, the government has largely avoided the issue, save for some half-hearted attempts to bring about an amendment.

In July 2013, the federal cabinet endorsed a move to extend the federal quota system for 20 more years. Law Minister Zahid Hamid informed the Senate that the government was still working in accordance with the lapsed law.

Hamid and Parliamentary Affairs Minister Sheikh Aftab have time-and-again informed Parliament that government was bringing the amendment but then silence prevails.

The government introduced an amendment bill in the National Assembly last year, but it has yet to follow up on the issue. The minister did not reply for comment despite multiple approaches. An official privy to the development said the issue was not further taken up due to opposition to the quota system from the Muttahida Qaumi Movement (MQM).

The MQM has been a staunch critic of the quota system, terming it discriminatory and unjust. However, MQM MNA Ali Raza Abidi said the rationale behind his party’s opposition was its unmerited implementation.

“I will accept it if actual residents of Urban Sindh and Karachi get jobs in federal posts at Karachi Secretariat, but that does not happen and we see people from interior Sindh on such posts, which vindicates our stance,” he commented.

PPP Senator Farhatullah Babar told The Express Tribune that the Senate had taken exception to the issue and demanded that the government bring about new legislation. “It is a serious impediment in the way of rights of the provinces, particularly after the 18th Amendment,” he said, adding when there was no constitutional guarantee, and the government’s claim that it was still working in accordance with the lapsed constitutional provision did not inspire the required confidence.

To resolve the constitutional glitch, the government in 2014 also proposed a 23rd Amendment bill and placed it in parliament, but issues relating to terrorism took the front seat and the amendment was stalled.

Former Supreme Court Bar Association president Kamran Murtaza hails from Balochistan and has also served as a senator. He assisted his wife, MNA Aliya Murtaza, in preparing the draft of the amendment. Aliya moved it as a private member bill earlier this year, but the government claimed it was bringing its own amendment on the same issue, Kamran said, adding that since then, the government has been silent.

He said that without the amendment, the provinces are helpless as they cannot fix quotas inside the province. “This is serious. The government should look into it without wasting any time,” he said.