Sections of SBP amendment bill violate constitution, says Farogh Naseem

Published November 2, 2021
Law Minister Barrister Dr Farogh Naseem addresses a press conference in this file photo. — DawnNewsTV
Law Minister Barrister Dr Farogh Naseem addresses a press conference in this file photo. — DawnNewsTV

ISLAMABAD: Law Minister Barrister Dr Farogh Naseem has said that the proposed Section 46B(8) in the State Bank (Amendment) Bill 2021 is violative of the Constitution.

While briefing the International Monetary Fund officials via video link on Monday, he said the provision provides that the central bank would be consulted on any proposed legislation relatable to the SBP.

The legislative power has been conferred by the Constitution on the parliament, and the Constitution does not provide for any consultation with the SBP prior to passing of any legislation, he explained, adding the proposed section introduced a stipulation which was ultra vires of the Constitution.

This provision is also liable to be struck down by courts, he said, adding that in any event the parliament itself would not pass any such amendment as it was unconstitutional.

Likewise under the proposed Section 15(1), the governor, deputy governors, or any non-executive directors or external members of the Monetary Policy Committee cannot be removed on the grounds of misconduct unless a court of law first determines that serious misconduct has been committed, he said.

This provision is unconstitutional as it violates the equality clause contained in Article 25 (equality of Citizens) of the constitution, which, inter alia, provides for equal treatment. Even the judges of superior courts can be proceeded [against] under Article 209 for misconduct, without there being a prior requirement of a declaration from a court of law that the judge has committed misconduct.

Section 51A proposes blanket protection to governor, deputy governors, directors including former incumbents of the SBP against proceedings under the NAB Ordinance, 1999 and FIA Act, 1974.

Again, he said, the proposal violates the equality clause contained in Article 25, since incumbents under other statutes have not been given similar protection.

Besides, the proposed Section 46B(5) provides that the SBP shall “interact and communicate” with the parliament, when the words “interact and communicate” essentially connote the right to speak.

Article 57 of the Constitution provides that the prime minister, a federal minister, a minister of state and the attorney general shall have the right to speak and otherwise take part in the proceedings in the parliament. This categorically means that SBP or its functionaries cannot interact and communicate with the parliament, the minister said.

The SBP falling under the ministry of finance, will have to interact and communicate with the parliament through the finance minister. Therefore, the proposed insertion i.e. Section 46B(5) would be hit by Article 57 of the Constitution, he said.

The minister explained that the government did not have a two-thirds majority in parliament so as to amend the Constitution.

Thus the proposed SBP Amendment Bill will have to go through many stages in the parliament, before it could be finally legislated/passed and would take between four and seven months. Hence, it is not possible to pass the Bill before Dec 17.

Thus, the passage of the bill by or before Dec 17 should not be treated as a “prior condition” by the IMF, he said.

Published in Dawn, November 2nd, 2021

Follow Dawn Business on Twitter, LinkedIn, Instagram and Facebook for insights on business, finance and tech from Pakistan and across the world.

Opinion

Editorial

Approaching budget
Updated 10 Jun, 2024

Approaching budget

Many are sceptical of the premier and finmin of translating their words into well-defined actions in the budget. Will they prove their doubters wrong?
A fresh start?
10 Jun, 2024

A fresh start?

After a decade of acrimony and mistrust, it is natural to tread carefully. But the ball is in India’s court. Backchannel and Track II diplomacy can be revived.
Hidden cams
10 Jun, 2024

Hidden cams

THE Digital Rights Foundation has drawn attention to a disturbing trend that seems to only be ballooning instead of...
Enduring friendship
Updated 09 Jun, 2024

Enduring friendship

Pakistan will have to deliver on its promises to China of fool-proof security, and crack down on corruption.
Silencing dissent
Updated 09 Jun, 2024

Silencing dissent

Reports of an internet firewall, which reportedly aims to replicate the Great Firewall deployed by China to police internet traffic, are alarming.
Minors for sale
09 Jun, 2024

Minors for sale

THE curse of human trade has a doubly odious form — child trafficking. Pakistan, too, is haunted by this ugly...