IHC to hear petition against NFC composition on May 28
Participation of finance adviser, finance secretary as members of commission challenged
PHOTO: IHC WEBSITE/FILE
ISLAMABAD:
The Islamabad High Court (IHC) has fixed the Pakistan Muslim League-Nawaz’s (PML-N) petition against the composition of the 10th National Finance Commission (NFC) for hearing on May 28.
The IHC registrar office issued the cause list for the next day of Eid holidays.
The petition will be heard by a single bench of the IHC comprising Justice Miangul Hassan Aurangzeb.
On May 21, the IHC had directed the petitioner’s counsel to assist it in the light of the top court’s observation about powers of the Centre under Article 149.
The petition had been filed by PML-N member National Assembly Khurram Dastagir through his lawyer Umer Gillani.
The participation of the financial adviser and finance secretary as members of the NFC and agreed terms of reference of the commission had been challenged in the petition.
The stance has been adopted that in the absence of the finance minister there is no provision in the Constitution for the financial adviser to preside over NFC meetings.
The petition further stated that even for the appointment of non-statutory members, it is necessary to first consult with the governor of the respective province.
The plea requested the IHC to declare the notification regarding the composition of the 10th NFC null and void.
The government on May 12 had constituted the 10th NFC to announce a new award for the sharing of federal divisible resources between the Centre and provinces.
The ministry of finance had notified the constitution of the 11-member commission after approval of its terms of reference by President Arif Alvi as was required under Article 160 (1) of the Constitution.
However, the commission will effectively comprise 10 members as the president also authorised the adviser to the prime minister on finance to chair meetings of the NFC in the absence of the federal finance minister.
Otherwise, there is no room for the PM’s adviser to become even a member of the commission under the Constitution.
The commission will have four provincial finance ministers and four non-statutory members representing provinces and the federal finance secretary as an official expert.
The Islamabad High Court (IHC) has fixed the Pakistan Muslim League-Nawaz’s (PML-N) petition against the composition of the 10th National Finance Commission (NFC) for hearing on May 28.
The IHC registrar office issued the cause list for the next day of Eid holidays.
The petition will be heard by a single bench of the IHC comprising Justice Miangul Hassan Aurangzeb.
On May 21, the IHC had directed the petitioner’s counsel to assist it in the light of the top court’s observation about powers of the Centre under Article 149.
The petition had been filed by PML-N member National Assembly Khurram Dastagir through his lawyer Umer Gillani.
The participation of the financial adviser and finance secretary as members of the NFC and agreed terms of reference of the commission had been challenged in the petition.
The stance has been adopted that in the absence of the finance minister there is no provision in the Constitution for the financial adviser to preside over NFC meetings.
The petition further stated that even for the appointment of non-statutory members, it is necessary to first consult with the governor of the respective province.
The plea requested the IHC to declare the notification regarding the composition of the 10th NFC null and void.
The government on May 12 had constituted the 10th NFC to announce a new award for the sharing of federal divisible resources between the Centre and provinces.
The ministry of finance had notified the constitution of the 11-member commission after approval of its terms of reference by President Arif Alvi as was required under Article 160 (1) of the Constitution.
However, the commission will effectively comprise 10 members as the president also authorised the adviser to the prime minister on finance to chair meetings of the NFC in the absence of the federal finance minister.
Otherwise, there is no room for the PM’s adviser to become even a member of the commission under the Constitution.
The commission will have four provincial finance ministers and four non-statutory members representing provinces and the federal finance secretary as an official expert.