Rabbani says Reko Diq bill to roll back 18th Amendment

ISLAMABAD: Former Chairman of Senate Raza Rabbani has termed the passage of Foreign Investment (Promotion and Protection) Bill, 2022 from both houses of parliament on the same day a step towards rollback of 18th constitutional amendment.

“Through subordinate legislation an attempt is being made to roll back the18th constitutional amendment,” he said while opposing the passage of Bill on Monday with regard to Reko Diq despite strong opposition from parliamentarians belonging to Balochistan, including coalition partners of the government – BNP-Mengal and JUIF.

Senator Raza Rabbani, who led the parliamentary committee that conceived and authored 18th constitutional amendment, said Parliament stands alone as its powers have been encroached upon by the Executive. “Trichotomy of power under 1973 Constitution is being circumvented by the other two organs of the state,” he said.

Raza Rabbani said the presidential reference, filed by federal government before the Supreme Court, has dealt a deadly blow to the concept of trichotomy of power and the supremacy of Parliament.

He said out of two questions framed for opinion of Supreme Court by the federal government, the second dealt with the Foreign Investment (Promotion and Protection) Bill, 2022 which was still on the drawing boards of Ministry of Law and Finance. “With utmost respect, it is difficult to understand why the Supreme Court opinioned on the constitutionality or otherwise of a Bill that was yet to be introduced in Parliament and required resolutions from two provincial assemblies under Article 144 of Constitution, 1973”, he said.

He said federal government has circumvented the process under Article 73 of the Constitution, thereby, infringed the right of Parliament to legislate. Senator Rabbani said the entire legislative procedure has been reversed - a Bill still in embryo stage has been placed before the Supreme Court which has tentatively approved its constitutionality – and the same has been bulldozed in Parliament.

He said Section 3 of the Foreign Investment (Promotion and Protection) Bill, 2022 is a further infringement upon the rights of Parliament. He said a worse form of Article 89 of the Constitution (Promulgation of Ordinance) has been created through subordinate legislation, as there is no time frame for the amendment. “I cannot agree with the opinion of the Supreme Court that the said Section 3 does not infringe upon the powers of Parliament,” he said.