Govt faces defeat in Senate
Asim Yasin
ISLAMABAD: Differences within the government on implementing the 18th Amendment emerged when Leader of the House in the Senate, Syed Nayyar Hussain Bukhari, and Implementation Commission Chairman, Mian Raza Rabbani, had a heated exchange on the matter on Friday.
The exchange began when Bukhari presented a bill to the Environment Ministry that would put into effect the United Nations Convention of International Trade in Endangered Species of Wild Fauna and Flora.
However, the altercation between Bukhari and Rabbani resulted in the bill not being passed since most senators from both sides of the isle supported Rabbani’s point of view. The government thus faced defeat in Senate.
When the session started on Friday, the leader of the house presented the bill ‘The Pakistan Trade Control of wild Fauna and Flora Bill 2010.’ Senators immediately raised constitutional questions about the passage of the bill from the National Assembly. They wondered how the Lower House of Parliament could pass the bill when the Environment Ministry had been devolved to the provinces under the 18th Amendment.
Senator Ishaq Dar objected that Parliament could not take up provincial subjects. “The Environment Ministry was on the Concurrent List, which has been abolished. Hence, the federal government can’t legislate in this case,” Dar said.
Professor Khursheed Ahmed also supported Dar’s perspective and said Parliament cannot legislate on the subjects devolved to the provinces.
Bukhari responded that the National Assembly had already passed the bill, and since the devolution of the Environment Ministry had not yet been completed, the passage of the bill should not be delayed. He said the devolution process was a slow one. He reiterated that the PPP-led government had no intention of interrupting the devolution process; however, the provinces had not yet taken any initiative relating to the ministries transferred to them so the passage of important bills shouldn’t be delayed.
He said as a signatory of the UN conventions, Pakistan had to pass certain legislations, adding that the Implementation Commission on the 18th Amendment should advice on this regard.
Rabbani objected to Bukhari’s comment and said the federal government had no right to legislate since the Environment Ministry had been devolved to the provinces. He said ten ministries and some functions of six other ministries had been devolved to the provinces so far.
Rabbani said people with vested interests were creating hurdles in the devolution process. “If unconstitutional procedures are adopted and the devolution process isn’t completed by June 30, this will open a pandora’s box,” he warned.
The ministries were devolved when the Parliament unanimously passed the 18th Amendment, he said, adding: “Let the commission do its job.”
Senator Babar Awan also supported Rabbani and said since the 18th Amendment had become part of the constitution, all subjects on the Concurrent List had been devolved to the provinces. After hearing the arguments, Senate Deputy Chairman Jan Muhammad Jamali deferred consideration on the bill.
Source: The News
Date:5/7/2011
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