ISLAMABAD, Oct 16: The Alliance for the Restoration of Democracy (ARD) has termed formation of a parliamentary committee on water resources by National Assembly Speaker Chaudhry Amir Hussain “illegal and unconstitutional.”

Talking to Dawn here on Thursday, secretary of the ARD parliamentary group Izhar Amrohvi claimed that the speaker had exceeded his powers and violated the Constitution by constituting a joint committee of MNAs and senators on water resources.

The speaker on Oct 10 constituted an eight-member parliamentary committee under the chairmanship of senator Nisar Memon to develop a national consensus on water issues. The committee comprised four MNAs and four senators with one MNA and one senator from each province. Members of the committee are: Jahangir Tareen (MNA, Punjab), Sardar Ali Nawaz Mehar (MNA, Sindh), Sher Akbar Khan (MNA, NWFP), Syed Abdul Qadir Jamaluddin (MNA, Balochistan), Mir Naseer Mengal (senator, Balochistan), Syed Dilawar Abbas (senator, Punjab) and Anisa Zeb Tahirkheli (senator, NWFP).

A copy of the notification (No. F.17(1)/2003-Com-I), issued by the deputy secretary (C-1) Sikandar Ismail, National Assembly secretariat, regarding formation of the committee, shows that there is no mention of any rule under which the speaker has constituted the committee. It simply states: “Mr Speaker has been pleased to constitute a parliamentary committee on water resources.”

The ARD secretary said the speaker had violated three basic clauses of the Constitution. First of all, he said, the Constitution very clearly states that differences between the provinces on water issues should be resolved through the Council of Common Interests (CII). The rule says if the CII fails to reach a decision, then the matter is referred to a joint sitting of parliament.

Mr Amrohvi said under Rule 22(4) of the Parliament (Joint Sittings) Rule 1973, a committee could only be formed in the joint sitting of parliament. The Rule 22(4) states: “Members of the committee, other than an ex-officio-member, shall be elected by the joint sitting.”

He further said the speaker had also violated Rule 22(3) of the Parliament (Joint Sittings) Rule 1973 by not including the deputy speaker of the National Assembly and the deputy chairman of the Senate in the committee. The Rule 22(3) reads: “The deputy speaker and the deputy chairman shall be ex-officio members of a joint committee.”

He said the committee had no right to discuss the important issue of water resources as it had no backing of parliament, and the opposition would reject all its recommendations.

According to the terms of reference of the committee given in the notification, the committee has been asked “to develop a national irrigation water strategy with national consensus in order to ensure sustainability to the national irrigation system by reducing huge water losses through critical maintenance of the system, including lining of canals, and to ensure that the quantum of necessary water storages required for the optimal and sustainable running of the entire canal system is secured and protected.”

The committee has also been tasked “to suggest ways and means to ensure that the National Irrigation Water Strategy remains environmental-friendly and preserved the ecology of our country, with special focus on the minimum required outflow/discharge below Kotri into the sea”.