
The SHC in its order of July 4, 2016, had declared that “the transfer/devolution of JPMC, NICVD, NICH and the National Museum to the province is declared to be unconstitutional, without lawful authority and of no legal effect.” And taking up a Sindh government appeal, the Supreme Court upheld the high court judgment that had annulled the devolution of health facilities and national museum to the provinces on July 24, 2016. The learned judges remarked that “the high court failed to appreciate that the devolution of the institutions under 18th Amendment Act, 2010, is protected under Article 239(5) of the Constitution and cannot be called in question by the full court of the High Court of Sindh.” However, the top court’s short order of Wednesday, rejecting appeals of the Sindh government, takes a position altogether different from the one taken in the July 24, 2016 judgment. The reasons behind the ruling are likely to be recorded in the detailed order later. But it is hoped that the detailed judgment will cover all the complications of the 18th amendment in social sectors.
Published in The Express Tribune, January 17th, 2019.
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