ISLAMABAD: The Senate Sub-Committee on Devolution, while calling for implementation of the 18th Amendment, directed that unconstitutionally retained federal ministries, divisions and state-owned enterprises created on provincial or Council of Common Interests (CCI) subjects be immediately shut down or devolved without adversely affecting employees. It also urged the federal government to amend its Rules of Business accordingly within 15 days.
Ministries, institutions and organisations include Health, Education, National Food Security, Water Resources, Climate Change (previously Environment), Housing, Special Initiatives, Culture and Heritage, Evacuee Trust Board, Zakat and Ushr (collection of), Naya Pakistan Housing Authority, EOBI, Narcotics, Police Service, PMDC, Korangi Fish Harbour, Press Information Department, including regulation of print media, SIDCL, Railways, Industries, Statistics, Petroleum, Inter-Provincial Coordination, Planning and Development, and WAPDA are the relevant ministries under the issue.
The Senate Sub-Committee on Devolution, chaired by Senator Barrister Zamir Hussain Ghumro alongside Senators Poonjo Bheel and Jan Muhammad Buledi on Monday discussed the critical legal, sectoral and historical directives regarding constitutional devolution and federal downsizing.
It asked federal government to curtail its expenditure from the present Rs19 trillion to Rs13 trillion because the country’s tax and non-tax revenue is Rs20 trillion and it cannot afford such colossal expenditure. It directed discussing privatisation of DISCOs in CCI in accordance with the judgment of the Supreme Court in the Mian Nawaz Sharif case in 1993.
It called for passing powers related to regulation of print media to the provinces. The committee asked the Information Ministry to provide details of the release of advertisements to newspapers and channels over the last three years. It also highlighted, telecasting and broadcasting under Article 159 were not fully devolved due to a lack of provincial requests. The provincial representatives have now been given one week to submit formal requests if legislative transfers or constitutional amendments are needed. The committee also criticised the practice of withholding government advertisements to pressure media outlets.
The convener directed the transfer of concurrent legislative subjects and the abolition of 17 federal ministries. By retaining these ministries, the federal government is paying Rs8 trillion in interest on loans, driving the nation into a severe debt trap.
The committee observed that the CCI authority and safeguarding of smaller provinces by placing subjects listed under Part II of the Federal Legislative List under the CCI through Article 154 serve as vital constitutional safeguards. It called for handing over Railways, port authorities, planning and development authorities and regulatory bodies like OGRA, NEPRA, PEMRA and PTA to the CCI. It declared Federal Cabinet’s interference in these domains as violation of Article 97 read with Article 154 of the Constitution. The prices of electricity, petroleum, gas and medicines shall be supervised and controlled by the CCI under Article 154. The sub-committee ruled that any privatisation of electricity distribution companies, such as IESCO, FESCO, LESCO, GESCO, SEPCO and HESCO, by the Power Division or Privatisation Commission without CCI consent violates Articles 154 and 157.
Committee Convener further said that the CCI shall be reconstituted to ensure equality of the provinces. Furthermore, the committee rejected the federal government’s reliance on the 1997 Supreme Court Gadoon Amazai ruling, noting that Parliament had declared holding CCI meetings at least once every three months or earlier in urgent matters.
It also directed that CCI issues should not be taken up by the Federal Cabinet because this was outlawed under the Constitution, and the prime minister must take up such matters in the CCI. It also sought frequent meetings of the CCI .
Finally, the committee declared retention of Education, Health, Environment and EOBI under the guise of managing Islamabad Capital Territory affairs is invalid, as ICT matters fall strictly under the ICT Division. The panel extended 15-day period to the federal government to amend its Rules of Business accordingly and send its report back to the committee.
