KARACHI: The provincial government on Monday submitted in the Sindh High Court that it was the constitutional obligation of the relevant authorities to establish a permanent secretariat of the Council of Common Interests (CCI).

It further said that the Constitution assigned the function of supervision and control only to the CCI over the institutions related to among others, mineral oil and natural gas.

These submissions were given in the provincial government’s response on a constitutional petition against the federal authorities for not establishing a permanent secretariat of the CCI.

Petitioner Humaira Rehman, a civil rights campaigner, asked the court to direct the respondents to establish a permanent secretariat of the CCI with equal representation of four provinces as contemplated under Clause (3) of Article 154 of the Constitution of Pakistan, 1973.

Her counsel, Barrister Zamir Ghummro, said that the Constitution clearly said that there shall be a permanent secretariat of the CCI, but it was not established.

He said that the CCI was a constitutional body as much as the cabinet and was supposed to exercise executive authority over the subjects enumerated in the Federal Legislative List (FLL) Part II as executive authority of the federal government was limited and subjected to Article 97 of the Constitution and extended only to the subjects enumerated in the Federal Legislative List Part I.

The counsel said that the subjects in the domain of the CCI included railways, mineral oil, natural gas, heavy industries, water and power development authority, inter-provincial coordination, standards in higher education and major ports, which clearly impinge on the interests of the provinces.

However, he contended, by formulating and regulating policies on the matters in FLL Part-II and exercising control and supervision over related institutions, the federal government/cabinet not only encroached upon the domain of the CCI, but also additionally created ministries/divisions, institutions and or schemes on the subjects reserved for the provinces.

Barrister Ghummro stated that Sindh produced more than 75 per cent of the country’s natural gas and almost 60pc mineral oil, but all oil and gasa distribution companies were being controlled by the federal ministry of petroleum and natural resources unconstitutionally as the petroleum and natural resources was purely a provincial subject.

He argued that only the CCI was mandated to formulate and regulate policies and exercise supervision and control over the natural gas and oil companies and institutions under Article 154 of the Constitution.

The counsel said that the CCI was unable to function in its true sense due to the failure of federal authorities in the establishment of its permanent secretariat.

A division bench headed by Chief Justice Faisal Arab put off the hearing to Dec 19.

Published in Dawn, December 1st, 2015