LAHORE, Oct 22: PML-N’s Rana Sanaullah Khan single-handedly cornered the treasury benches on Wednesday by raising the point whether a minister was competent to talk on the part of his department which had been devolved to the district governments.

His question baffled Education Minister Imran Masood who had started replying to a query by MMA’s Ehsanullah Waqas about shelterless schools in Lahore in the beginning of the question hour, also catching Law Minister Raja Basharat and the chairing Deputy Speaker Sardar Shaukat Mazari unaware.

The cool and calm Sanaullah proved with his arguments his point giving references from the Local Government Ordinance and the rules of the assembly.

The education minister was carrying a bundle of files to support the questions he was supposed to reply to but was not prepared to counter the unexpected attack.

Same was the case with the law minister who, at one stage, had to borrow a copy of the ordinance from the unbending MPA to reply to his objections. But he returned it after Mr Sanaullah unnerved him with a taunt that he was using his material to defend the government.

Their every reply in defence was met with a barrage of arguments mainly from Mr Sanaullah who refused to accept that the minister could give a direction to a devolved department even if the provincial government was funding the district governments or the chief minister could recall the district Nazim.

“If funds can give you administrative authority, then the federal government is running the provinces and the IMF the federal government. And if the dismissal power allows you the administrative rights then the Punjab governor is running the provincial government and the president the federal government,” he said.

The debate that followed the point of order consumed the entire question hour forcing the deputy speaker to give extra time to the education minister.

Mr Mazari at least agreed to PPP’s Rana Aftab that the point was important and should be discussed in detail after his attempt to settle the issue through a ruling was foiled by Mr Sanaullah.

This made the law minister to surrender and invite the opposition to move an adjournment motion for a debate which he promised would not be opposed. Mr Sanaullah had said that since the education department had been devolved to the district governments, the education minister could not reply a question in the assembly about schools in Lahore or any other city.

According to the assembly rules a minister could reply to a question on the department on which he had administrative and financial authority. And in this case, Mr Masood had none, he claimed.

Rana Aftab also supported the point whereas the education minister asked the deputy speaker to satisfy Rana Sanaullah. He maintained that he was competent to answer the questions on the ground that he could still give the policy to the district governments which were bound to follow it.

The law minister opposed the Ranas and said it could not be said that the devolution had ended the administrative control of the provincial government over its devolved departments. The ministers of the devolved departments were competent to answer questions about them because they were still funded by the provincial government.

Mr Sanaullah said the law minister had not replied to his point of order. This was what he wanted to tell that the provinces had left with nothing after the devolution through which the country had been made one unit. The only thing the ministers now had were national flags which they were illegally hoisting on their cars, he said.

Quoting from the Local Government Ordinance, Rana Sanaullah said the financial control and administrative authority of the devolved departments had been given to the district governments. And according to the assembly rules, a minister could discuss only a department over which he had financial control and administrative authority.

The law minister said the provincial government still has its authority over the education department through the EDOs (education).

The education minister said the fact that the provincial government was still controlling the devolved department had been proved through the recruitment of 13,000 teachers according to its policy. Finance department’s hold over the district governments was another proof of this reality, he said.

Mr Sanaullah said the ministers’ statements did not address the question he raised, insisting that under the Local Government Ordinance the provincial government could only give a policy to the devolved departments. That the provinces could not amend the ordinance without the approval of the president was another proof of their powerlessness, he taunted.

He said under the previous law of the country, the federal government could give an education policy to the provinces but could not interfere in the administrative affairs of the departments.

Ehsanullah Waqas said the minister must clear what would happen if he promised to provide the missing facilities in Lahore schools and the district government refused to release funds for the purpose.

The education minister said this could not happen as the government had earmarked Rs21 billion for the missing facilities and providing them through the district governments.

Mr Sanaullah refused to accept the minister’s plea asking him to read the Local Government Ordinance and explain as to how he could control the devolved education department. The law had even empowered the district governments to issue executive orders which was previously a prerogative of the ministers, he said.

The law minister said all the local governments were answerable to the provincial chief executive who could also recall the district Nazims.

At this point, the deputy speaker asked whether the provincial government could remove or suspend a district Nazim, ruling without waiting for a reply from the house that the provincial assembly had the powers to control the district governments.

The deputy speaker withdrew when opposed by Rana Sanaullah saying removal of a Nazim and the administrative authority were two different things.

The law minister said the provincial government still maintained a working relationship with the district governments and it could advise or guide them on any matter. The government had powers to implement directions through the DCO, the chief secretary and the IGP, he said.

The debate was concluded after the house agreed that the point raised by Rana Sanaullah required a detailed discussion with the law minister fixing next Wednesday for the purpose.