Federal Cabinet Interference in CCI matters violates Constitution, committee says

The federal cabinet has no constitutional authority to decide matters reserved for the Council of Common Interests,

Islamabad: The federal cabinet has no constitutional authority to decide matters reserved for the Council of Common Interests, a Senate sub committee has declared, warning that continued cabinet interference in electricity, petroleum, gas, railways, ports and regulatory bodies is damaging provincial rights and weakening constitutional protection for smaller provinces.

The Senate Sub Committee on Devolution, chaired by Senator Barrister Zamir Hussain Ghumro, directed that matters falling under the CCI must not be taken to the federal cabinet.

The committee said the Prime Minister should place such issues before the CCI and call its meetings frequently. According to the committee, Article 154 of the Constitution gives the CCI responsibility over subjects listed in Part II of the Federal Legislative List.

The committee argued that these powers belong to the CCI rather than the federal cabinet. It said this constitutional arrangement was created to protect provinces from decisions dominated by the federal government.

The committee particularly highlighted the position of smaller provinces. It noted that Punjab has 141 seats in the National Assembly while the other three provinces together have 122 seats.

According to the committee, putting important provincial matters under the CCI provides protection against decisions based only on the strength of the majority in the National Assembly. The committee said the CCI should be reconstituted in a way that ensures equality among provinces.

It also called for more frequent CCI meetings so important disputes between the federation and provinces are not left unresolved. The committee said the prices of electricity, petroleum, gas and medicines should be supervised and controlled through the CCI rather than the federal cabinet.

It argued that federal executive authority must operate within the Constitution and that Article 154 gives the CCI authority over relevant subjects. The committee also said major national organisations and sectors connected with Part II of the Federal Legislative List should come under the CCI.

These include Railways, Petroleum, Electricity, Ports and several regulatory bodies. The committee specifically named OGRA, NEPRA, PEMRA and PTA among institutions whose matters, in its view, should fall under the CCI framework.

It said Planning and Development authorities and other bodies working in fields covered by Part II should also operate under CCI authority instead of federal cabinet control. The committee strongly objected to federal cabinet involvement in these areas.

It said interference by the federal cabinet in CCI subjects was contrary to Article 97 read with Article 154 of the Constitution. One of the most serious issues discussed was the planned privatization of electricity distribution companies.

The committee stated that the privatization of companies including IESCO, FESCO, LESCO, GESCO, SEPCO and HESCO cannot proceed without CCI approval from the Power Division or Privatization Commission.

It argued that taking such decisions without the CCI would violate Articles 154 and 157 of the Constitution. The committee directed that the privatization of electricity distribution companies must be placed before the CCI.

It also referred to the Supreme Court judgement in the Mian Nawaz Sharif case and said the CCI should be involved before such major decisions are taken. The committee rejected the federal government’s reliance on the Gadoon Amazai ruling regarding CCI meetings.

It said Parliament had already addressed the issue of meeting frequency by requiring the CCI to meet at least once every three months or earlier when urgent matters arise. The committee therefore called on the Prime Minister to convene CCI meetings regularly.

According to members, failure to use the CCI weakens the constitutional voice of provinces and allows issues affecting the entire federation to be decided through the federal cabinet. The panel also questioned several ministries, divisions and state owned bodies dealing with subjects it believes belong either to the provinces or the CCI.

It said federal structures created around provincial or CCI subjects should be devolved or closed where required, without harming employees. Among the institutions and sectors the committee mentioned included Water Resources, Railways, Industries, Statistics, Petroleum, Inter-Provincial Coordination, Planning and Development and WAPDA.

The committee also referred to regulatory bodies and other organisations whose functions, it said, should be examined according to the constitutional division of powers. Members said the purpose of the CCI was not simply to hold occasional meetings.

They described it as a constitutional mechanism designed to allow the federation and provinces to jointly decide major national matters. The committee warned that bypassing the CCI could create mistrust between the provinces and the federal government.

It said smaller provinces need the CCI to ensure they have a meaningful voice in decisions involving national resources, energy, infrastructure and regulation. The committee directed the federal government to amend its Rules of Business within 15 days so that matters falling under the CCI are handled according to the Constitution.

It asked the government to submit a report explaining the changes made. The message from the committee was clear. Major decisions involving electricity, petroleum, gas, railways, ports, regulators and other CCI subjects should not be decided by the federal cabinet alone.

The committee wants these matters taken back to the Council of Common Interests, with the Prime Minister required to use the constitutional forum regularly to protect provincial rights and build agreement between the federation and all four provinces.