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Senate Sub-Committee Demands Full 18th Amendment Implementation for Fiscal Stability

Senate Sub-Committee Demands Full 18th Amendment Implementation for Fiscal Stability

ISLAMABAD (special crosspondent) – The Senate Sub-Committee on Devolution, chaired by Senator Barrister Zamir Hussain Ghumro alongside Senators Poonjo Bheel and Jan Muhammad Buledi, convened at Parliament House to address the urgent need for downsizing the federal government and enforcing the mandate of the Council of Common Interests (CCI). The committee’s deliberations focused on critical legal, sectoral, and historical directives regarding constitutional devolution and the immediate streamlining of federal operations, as outlined in an official press release from the Senate secretariat.

Constitutional Mandate and Federal Downsizing

The convener of the committee briefed members that under Article 270AA of the Constitution, notifications issued between December 2010 and June 2011 mandated the complete transfer of concurrent legislative subjects and the abolition of 17 federal ministries. The committee observed that maintaining federal authority over these provincial subjects was unconstitutional even prior to the 18th Amendment. By retaining these ministries, the federal government is burdened with Rs. 8 trillion in interest payments on loans, a fiscal trajectory that the committee warns is driving the nation into a severe debt trap. The committee emphasized that Pakistan must pursue regional economic integration to boost its overall economic health and export capacity.

Safeguarding Provincial Rights via the CCI

The committee underscored that the CCI Authority and the placement of subjects listed under Part II of the Federal Legislative List under the CCI via Article 154 serves as a vital constitutional safeguard. This structure protects smaller provinces from unilateral, majoritarian decisions made by the Federal Cabinet, noting that Punjab holds 141 seats in the National Assembly compared to the combined 122 seats of the remaining three provinces. The committee asserted that matters related to the Federal Legislative List Part II must be the responsibility of the CCI rather than the Federal Cabinet. This includes entities such as Railways, Port Authorities, Planning & Development Authorities, and regulatory agencies. Furthermore, the committee rejected the federal government’s reliance on the 1997 Supreme Court Gadoon Amazai ruling, noting that Parliament has legally required the CCI to convene at least once every three months or earlier to address urgent matters.

Sectoral Directives: Power, Media, and Retained Ministries

Regarding the power sector, the sub-committee ruled that any privatization of electricity distribution companies—such as IESCO, FESCO, LESCO, GESCO, SEPCO, and HESCO—by the Power Division or Privatization Commission without CCI consent directly violates Articles 154 and 157. On the matter of media, the committee noted that telecasting and broadcasting under Article 159 were not fully devolved initially. Provincial representatives have been given one week to submit formal requests if legislative transfers are required. The committee also criticized the practice of withholding government advertisements to pressure media outlets, such as Dawn. The committee clarified that retaining nationwide ministries like Education, Health, Environment, and EOBI under the guise of managing Islamabad Capital Territory (ICT) affairs is legally invalid, as ICT matters fall strictly under the ICT Division. The government has been given 15 days to amend its Rules of Business and report back.

Financial Curtailment and Institutional Reform

The committee explicitly disapproved of the federal government retaining authority over subjects belonging to provincial domains, including Railways, Petroleum, Electricity, Ports, and regulatory bodies like OGRA, NEPRA, PEMRA, and PTA. It emphasized that federal cabinet interference violates Article 97 read with Article 154. The committee has directed that unconstitutionally retained federal ministries, divisions, and state-owned enterprises created on provincial or CCI subjects be immediately shut down or devolved. The list of ministries and organizations identified for reform includes Health, Education, National Food Security, Water Resources, Climate Change, Housing, Special Initiatives, Culture and Heritage, the Evacuee Trust Board, Zakat and Ushr, Naya Pakistan Housing Authority, EOBI, Narcotics, Police Service, PMDC, Korangi Fish Harbor, the Press Information Department (PID), SIDCL, Railways, Industries, Statistics, Petroleum, Inter-Provincial Coordination, Planning and Development, and WAPDA. Finally, the committee stressed that the federal government must curtail its expenditure from the current Rs. 19 trillion to Rs. 13 trillion to align with the country’s revenue capabilities, noting that Saif ur Rehman Emphasizes Continuous Systemic Change for National Prosperity as a prerequisite for national stability.

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