Govt assures IHC of revisiting 10th NFC composition

Published June 30, 2020
PML-N lawmaker has challenged the HFC award composition in the Islamabad High Court. — ihc.gov.pk/File
PML-N lawmaker has challenged the HFC award composition in the Islamabad High Court. — ihc.gov.pk/File

ISLAMABAD: The government on Monday assured the Islamabad High Court of revisiting the composition of the 10th National Finance Commission (NFC) and hinted at replacing Adviser to the Prime Minister on Finance Dr Abdul Hafeez Sheikh in the commission as the opposition Pakistan Muslim League-Nawaz (PML-N) appears to be not interested in pursuing the matter anymore.

PML-N lawmaker and former defence minister Engineer Khurram Dastagir has challenged the composition of the 10th NFC in the IHC. PML-N MNA Barrister Mohsin Shahnawaz Ranjha and Barrister Umer Gillani are the counsel for the petitioner.

Initially, Justice Miangul Hassan Aurangzeb heard the petition. However, after a couple of hearings, he referred the matter to IHC Chief Justice Athar Minallah with an observation that the petition may be fixed before a division bench.

On Monday, the two-judge bench comprising Justice Aamer Farooq and Justice Aurangzeb took up the petition, but neither the petitioner nor any of his counsel was present in the courtroom.

Top govt lawyer hints PM’s aide on finance may be replaced

However, Attorney General Khalid Jawed Khan informed the bench that a member of the NFC, Javed Jabbar, had already resigned and the Balochistan High Court had issued an order against nomination of Hafeez Sheikh.

AG Khan also produced certified copies of the BHC judgement before the IHC division bench. He assured the court that he would advise the government to revisit the composition of the NFC in order to address the grievances of the petitioner.

The petitioner had challenged the May 12 notification about the commission’s composition and authorisation for Hafeez Sheikh to preside over NFC meetings.

The finance ministry had notified the constitution of the 11-member NFC after approval of its terms of reference by President Arif Alvi as required under Article 160 (1) of the Constitution.

The petition said President Alvi, who is purported to have issued the notification under Article 160 of the Constitution, had a duty to “constitute a National Finance Commission consisting of minister of finance of the federal government, ministers of finance of provincial governments and such other persons as may be appointed by the President after consultation with governors of the provinces”.

The petition further said that “a close reading of the aforesaid will bear out that the Commission is supposed to have two kinds of members: statutory members and co-opted members”.

Statutory members, the petition said, were the five members, whose presence was essential for the commission, including the federal minister for finance and four provincial ministers for finance. Co-opted members, it added, included five statutory members and more members could be added. However, it said, a co-opted member might only be added after “consultation with governors of the provinces”.

The petition said that “any co-opted member may be added only if there is consensus among the President and governors of the provinces (acting on the advice of their respective cabinets) that the expertise of such co-opted member is necessary for the NFC”.

“However, the impugned notification does not make reference to any consultations whatsoever which the President held with governors of the provinces regarding the selection and appointment of each one of the co-opted members of the NFC,” the petition said, adding that it might be assumed that no such consultations were held.

Moreover, the petition said, the president also authorised the PM’s adviser on finance and revenue to chair meetings of the commission.

Published in Dawn, June 30th, 2020

Opinion

The Dar story continues

The Dar story continues

One wonders what the rationale was for the foreign minister — a highly demanding, full-time job — being assigned various other political responsibilities.

Editorial

Wheat protests
Updated 01 May, 2024

Wheat protests

The government should withdraw from the wheat trade gradually, replacing the existing market support mechanism with an effective new one over the next several years.
Polio drive
01 May, 2024

Polio drive

THE year’s fourth polio drive has kicked off across Pakistan, with the aim to immunise more than 24m children ...
Workers’ struggle
Updated 01 May, 2024

Workers’ struggle

Yet the struggle to secure a living wage — and decent working conditions — for the toiling masses must continue.
All this talk
Updated 30 Apr, 2024

All this talk

The other parties are equally legitimate stakeholders in the country’s political future, and it must give them due consideration.
Monetary policy
30 Apr, 2024

Monetary policy

ALIGNING its decision with the trend in developed economies, the State Bank has acted wisely by holding its key...
Meaningless appointment
30 Apr, 2024

Meaningless appointment

THE PML-N’s policy of ‘family first’ has once again triggered criticism. The party’s latest move in this...