Gives ruling that avoiding the meeting can be dire for state machinery; Centre continuously violating Constitution
ISLAMABAD: In a unique ruling of its kind, Senate Chairman Mian Raza Rabbani on Friday said the federal government continued to violate the Constitution on calling the meeting of the Council of Common Interests (CCI). He said this could have a chaotic effect on the state machinery and added that the CCI meeting be called within 15 days.
“I am conscious of the constitutional chaos and mayhem that can be created, therefore, I reluctantly, restrain to hold all such decisions, actions and orders to be unconstitutional. However, any action taken in violation of the constitutional scheme from 15 days after the date of this ruling will be in violation of the Constitution,” he argued.
He noted that the council had not met till the announcement of this ruling i.e. 331 days, whereas, it was mandatory to have its meeting every 90 days.
At the start of the sitting, the Senate chairman pointed out that the Clause (3) of Article 154 of the Constitution provides, “...and the Council of Common Interests shall meet once in 90 days.” He said, therefore, the council should have stricto senso met on June 16, 2015, as the last meeting was held on March 15, 2015.
He gave this ruling in response to a motion moved by PPP Senator Sassui Palijo on December 21 last year in the 122nd session on the subject that “this House may discuss the domain and jurisdiction of the Council of Common Interests and the situation arising out of non-convening of its meeting as required under Clause (3) of Article 154 of the Constitution.”
Rabbani said that as this important constitutional question had been raised frequently in earlier sessions of the Senate, some senators urged the Senate chairman to make an observation and a tentative observation was made which was part of the proceedings but he reserved his ruling.
“The pivotal role of the Council of Common Interests and such like institutions in a participatory federal constitutional framework cannot be underplayed,” he said and then referred to the Pakistani constitutional framework and noted it was necessary to trace the historic continuity of inter-provincial and federal government foras.
He cited the Government of India Act 1935, the Constitution of 1956, the Constitution of 1962, the Constitution of 1973 and as it was amended by the Eighteenth Constitutional Amendment 2010.
Rabbani pointed out that the All Parties Constitutional Committee, which had drafted the constitutional amendment and subsequently parliament that passed the amendment, with deliberate intent and design enhanced and widened the scope, functions and responsibilities of the CCI.
He noted that according to the statements by ministers made on the floor of the House, the council had not met till this ruling while 331 days had passed and it had failed to meet or be summoned to meet. “The federal government is and continues day to day to violate the provisions of Clause (3) of Article 154 of the Constitution,” he said.
Rabbani said that the consequences that flowed therefrom were grave and could have a chaotic effect bringing the entire state machinery pertaining to or dealing with the items in the Federal Legislative List, Part II, to a grinding halt.
“All matters relating to the formation and regulation of policies and exercising supervision and control over related institutions covered in the Federal Legislative List, Part II, will be of no legal effect, if they have not been passed or approved by the council,” he noted.
The Senate chairman said that the rules of the council did not provide for the prime minister to take a decision and subsequently not refer it to the council for its approval nor could the federal cabinet, constituted under Article 91 of the Constitution, arrogate to itself the powers conferred on the council through articles 154 and 155 of the Constitution.
He directed the Senate Secretariat to send a copy of the ruling to the president, the prime minister, the NA speaker, minister for inter-provincial coordination, minister for law and provincial chief ministers.
