ISLAMABAD: It is not easy, straightforward for the federal administration to issue “directions in certain cases” to a province, having its rivals’ government, and such central intervention is prone to provoke litigation in the Supreme Court and other constitutional forums apart from political aftermath.Federal Law Minister Farogh Naseem has said the Federation, under Article 149, can interfere in the economic or law and order issues of a province [Sindh in this case]. “The PPP agenda is something different and it will certainly oppose such interference. Its stance is anti-Karachi and anti-urban Sindh.The prime minister and the federal cabinet will have to take soon a major decision on Karachi, which is the economic hub of Pakistan, but there is no development work. The PPP has created such a situation that Article 149 is the last option for the federal government and its application will be in the national interest.” When approached for comments, renowned lawyer Abid Hassan Manto told The News that Article 149 was as per the general scheme of the Constitution but if the Federation unjustly invokes it out of ignorance striking at the autonomy of a province; it can be challenged in a superior court.He said this Article was not framed for such matters [Sindh government doesn’t pay attention to Karachi etc.]. “The provision doesn’t mean that by applying it the Federation takes over the Sindh government. The central government can only draw the attention of the provincial administration to certain issues.” When contacted prominent expert Barrister Omar Sajjad explained to this correspondent that ‘directions’ is a wide topic. If the federal administration issues them, the provincial government will reject them, giving rise to a dispute, he believed. He said that in case of contentions, there were three options available under the Constitution. One, any party can invoke Article 184 (1) and go to the Supreme Court, which shall, to the exclusion of every other judicial forum, have original jurisdiction in any dispute between any two or more governments [federal and provincial]. In the exercise of this jurisdiction, it shall pronounce declaratory judgments only.Omar Sajjad said the second option is that the dispute is raised in the Council of Common Interests (CCI) having representatives of the federal and provincial governments. The third way-out is the promulgation of the presidential (governor’s) rule. However, this will be challenged in a superior court, he said and added that such recourse will ignite political confrontation. It is always avoided as it fuels a political storm and tussle.The expert said that Article 149 determines the parameters for issuance of directions by the federal government to a province. It says the executive authority of the Federation will extend to giving directions to a province as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance, and as to the manner in which such authority is to be exercised for the purpose of preventing any grave menace to the peace or tranquility or economic life of Pakistan or any of its part. The executive authority of every province will be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation will extend to the giving of such directions to a province as may appear to the federal government to be necessary for that purpose.Omar Sajjad said that it was natural that the province concerned will also argue that after the 18th Amendment the federal government can’t interfere in such affairs. It will also plead that the province doesn’t have the funds to obey the directions given by the federal administration and it should be provided the required money. He said the Sindh government would be within its right to contend that it was not a hurdle in the construction and maintenance of means of construction (highways and infrastructure); and additionally, there is no “grave menace to the peace or tranquility or economic life of Pakistan or any of its part” as the law and order situation in Karachi has remarkably improved compared to the past.Moreover, it will assert that law and order in other provinces was not better than that of Sindh. The lawyer said that the federal government has the powers to impose duties, levies and taxes and to take other measures to improve the economic life of Pakistan. No provincial government has any authority to impede any such steps but has to accept the federal decisions to the effect, he said.
04-07-2019, 06:24 AM
Law Minister?s caveat to invoke Article 149
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