NRB envisages 26 provinces, repeal of 13th Amendment
By Arshad Sharif
ISLAMABAD, Feb 6: The National Reconstruction Bureau has proposed key changes in the Constitution, envisaging an increase in the number of provinces to 26 by upgrading the status of divisions.
Other proposed changes include repeal of the 13th Constitutional Amendment, introducing amendments in the Federal Legislative List, and reconstitution of the Council of Common Interests.
A copy of the presentation, to be given to President Gen Pervez Musharraf for consideration before the end of February, said that the repeal of the 13th Constitutional Amendment would create a balance of power between the president and the prime minister.
It says that till the time the number of provinces are not increased, Punjab should not have more seats in the National Assembly than the aggregate number of seats allotted to smaller provinces.
NRB consultant Khalid Farid Khan confirmed to Dawn that the increase in the number of provinces to 26 was being considered but said it cannot be implemented before October.
Documents suggest that NRB is extensively reviewing the administrative relations between the federation and the provinces as defined under Constitutional Articles 145-152.
These articles relate to the powers of the president under which he directs a governor to discharge certain functions as his agent; power of the federation to confer powers on provinces in certain cases; power of provinces to entrust certain functions to the federation; obligation of provinces and the federation; direction to provinces in certain cases; full faith and credit for public acts; inter-provincial trade and acquisition of land for federal purposes.
About the repeal of the 13th Constitutional Amendment that had been unanimously adopted by parliament, the NRB proposal recommends giving the power of dissolving the assembly to the head of the state, arguing, it is a practice followed in all the constitutions of the developed world.
Another power proposed for the president is the nomination of at least four members to the senate — one from each province. The president’s power to promulgate emergency should be with the approval of the parliament, the NRB recommendation said.
It is also recommended that the governors, who were made answerable to the prime minister under the 13th amendment, be made answerable to the president when the constitutional changes are implemented.
The proposal, which argues that all the provinces should have an equal representation at the federal level, makes it mandatory that the president should be elected in rotation from all the provinces.
The argument forwarded by the NRB for creating 26 provinces is that more provinces are imperative to ensure smooth administrative, logistic and cultural harmony.
The proposal calls for a fair representation of the provinces in not only appointments at the federal level, including the Supreme Court, but also for selection posts of the federal government to ensure participation of all provinces. A ban of transfers between the federal and provincial services has also been recommended.
The amendments proposed in the Federal Legislative List include recommendations for deleting Items 25, 26, 45, 46, 47, 48, 50, 52 and 53.
Items 45 of the Federal Legislative List relates to duties in respect of succession to property; Item 46 to estate duty in respect of property; Item 47 to taxes on income other than agricultural income; Item 48 to taxes on corporations; Item 50 to taxes on the capital value of the assets, not including taxes on capital gains on immovable property; Item 52 to taxes and duties on the production capacity of any plant, machinery, undertaking, establishment or installation in lieu of the taxes and duties specified in entries 44, 47, 48 and 49 or in lieu of anyone or more of them; Item 53 to terminal taxes on goods or passengers carried by railway, sea or air and taxes on their fares and freights.
The presentation recommends more power and functions to the Council of Common Interests. The composition of the CCI should be such that it has equal number of members from the senate to be nominated by the senate chairman with equal representation from each province. The CCI should elect its chairman within seven days of its constitution, a step which, if implemented, would enhance the power of the senate and make the CCI a permanent body.
