Transfer of five regulatory bodies to ministries ‘unconstitutional’: Senate

Author: By Ijaz Kakakhel

ISLAMABAD: Giving his ruling, Senate Chairman Raza Rabbani on Monday termed the transfer of five regularity bodies to relevant ministries as unconstitutional without the Council of Common Interest’s approval.

Over placing the five regulatory bodies under the administrative control of the line ministries, Raza Rabbani ruled that regulatory bodies could not be transferred to ministries without the approval of the CCI. He said that the Prime Minister only had jurisdiction over matters under the Federal Legislative List.

He stated that the powers of the PM under sub-rule (3), rule 3, Rules of Business, 1973, remains enforced on matters which are exclusively the business of the federal government i.e. Federal Legislative List, Part – I, Constitution, 1973. Any attempt to bypass the CCI in taking such policy decisions is a constitutional violation affecting the rights of the federating units, hence against the spirit of participatory federalism and the scheme of the constitution. He said that this step would affect the rights of the provinces.

Meanwhile, the legislators protested and expressed disappointment over the government’s attitude in ignoring the Senate over consultation for the revival of military courts in the country.

On a point of order, Pakistan Muslim League-Functional (PML-F) Senator Muzafar Shah said that the Senate represented all the provinces, therefore the government must include it in the consultation process for reviving military courts across the country.

Mushahid Hussain Syed was of the view that the government could not pass any constitutional amendment without the Senate, therefore, the members of the Upper House should also be included in the consultation. He believed the Senate should not be ignored in such an important matter.

The senators were informed that National Assembly Speaker Ayaz Sadiq had called a meeting of the parliamentary committee on February 23, which was likely to approve the revival of the military courts.

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