QUETTA: The Senate Functional Committee on Devolution has expressed concern over the establishment of devolved ministries with other names at the federal level, describing the practice as unconstitutional and an attempt to usurp the provinces’ rights.

At a seminar on Wednesday, the members of the committee said it was the responsibility of the federal and provincial governments to take concrete steps for implementing the 18th Constitution Amendment in letter and spirit.

The seminar, presided over by committee chairman Senator Mir Kabeer Ahmed Muhammad Shahi, was also attended by Senators Taj Haider, Usman Kakar, Ilyas Bilour and Saifullah Magsi. Other participants included politicians, members of the civil society and stakeholders.

A joint communiqué issued after the seminar said that only democracy and the federal system of government could ensure a stable Pakistan; at the same time, the Constitution guaranteed the protection of provinces’ rights.

It noted that the 18th amendment not only strengthened the principles of democratic, parliamentary and federal structure, it also ensured sharing in the federation, joint ownership of natural resources and promoted the concept of joint supervision of federal legislation.

It also called for amendments to the laws concerning the Higher Education Commission (HEC) to devolve its powers to the provinces. Moreover, the federal government should also determine the share of each province in HEC funds, it said.

Speaking on the occasion, Senator Shahi underlined the need for making the National Finance Commission (NFC) award as per the spirit of the 18th amendment. The non-implementation of the award had aggravated the problems facing the provinces, he observed.

He demanded that the matter of the devolution of powers to the provinces be presented before the Council of Common Interests.

He said the council should be made stronger and effective, and its secretariats in all the four provinces and the Senate should be given more powers.

The Senate’s functional committee had written letters to all the provinces to ascertain the pace of devolution, but only Sindh had replied so far, he said and deplored that the federal government had not implemented any of the committee’s demands.

Senator Haider pointed out in his speech that Article 158 of the Constitution gave provinces complete control over their resources, whereas under Article 172(3) provinces could use 50 per cent of the oil and gas produced. “There is a need for removing the difference in both the clauses,” he said.

Other speakers stressed that chairpersons and heads of federal institutions should be appointed from the provinces by rotation under the 18th amendment.

Published in Dawn, October 5th, 2017