Regrettable and uncalled for
The 18th Constitutional Amendment was believed by its authors to be a panacea for everything that was wrong
It seems that the Pakistan Peoples Party-led Sindh government is once again on the warpath with the federal government. Sindh Chief Minister Syed Murad Ali Shah has taken exception to Islamabad’s decision of forming a body — Karachi Transformation Committee — to plan and implement the infrastructure development projects for the megapolis. Last month, the federal government had notified a 20-member KTC with Sindh governor as its convener. This committee, under nine-point terms of reference, is tasked with completing mass transit projects, developing sewerage and sanitation system, and recommending plans for collection and disposal of waste to produce energy.
However, the Sindh government is not happy with the move. The Sindh chief minister has — through a letter — reminded Prime Minister Imran Khan and Sindh Governor Imran Ismail that the federal government’s decision is contrary to the dictates of the Constitution. Referring to Article 97 (that restricts any legislative role of the federal government in matters falling within the domain of the provincial assembly) and Article 105 (that binds governor to function or act on the advice of chief minister/cabinet), the Sindh chief minister argues that the formation of such a committee and the role and mandate assigned to it are infringement on the authority and power that the provinces enjoy under the 18th Constitutional Amendment. He has, therefore, demanded that the notification be withdrawn immediately.
The 18th Constitutional Amendment, despite its inherent flaws, was believed by its authors to be a panacea for everything that was wrong in regulating the relationship between the federation and its federating units. But with the passage of time, it is being used as a tool to serve political expediencies and is seen as generating more controversies instead of resolving differences among the provinces and with the federation. Notwithstanding Murad Ali Shah’s interpretation of the constitutional provisions referred to in the context of rejecting the formation of KTC, the federal government’s decision should have been welcomed for the sake of the development in Karachi — a city that has been neglected for long and needs immediate attention.
Published in The Express Tribune, November 27th, 2018.
However, the Sindh government is not happy with the move. The Sindh chief minister has — through a letter — reminded Prime Minister Imran Khan and Sindh Governor Imran Ismail that the federal government’s decision is contrary to the dictates of the Constitution. Referring to Article 97 (that restricts any legislative role of the federal government in matters falling within the domain of the provincial assembly) and Article 105 (that binds governor to function or act on the advice of chief minister/cabinet), the Sindh chief minister argues that the formation of such a committee and the role and mandate assigned to it are infringement on the authority and power that the provinces enjoy under the 18th Constitutional Amendment. He has, therefore, demanded that the notification be withdrawn immediately.
The 18th Constitutional Amendment, despite its inherent flaws, was believed by its authors to be a panacea for everything that was wrong in regulating the relationship between the federation and its federating units. But with the passage of time, it is being used as a tool to serve political expediencies and is seen as generating more controversies instead of resolving differences among the provinces and with the federation. Notwithstanding Murad Ali Shah’s interpretation of the constitutional provisions referred to in the context of rejecting the formation of KTC, the federal government’s decision should have been welcomed for the sake of the development in Karachi — a city that has been neglected for long and needs immediate attention.
Published in The Express Tribune, November 27th, 2018.