Centre may extend its executive authority to Sindh

ISLAMABAD: In case of any resistance from the Sindh government to the unconditional policing role of the Rangers in Karachi under the Anti Terrorist Act 1997, the federal government is considering invoking Article 149 of the Constitution to take the Karachi operation to its logical conclusion.

During high-level consultations in the interior ministry, the federal government has also found in its favour the Supreme Court’s judgment in the Karachi killing case, where the Centre was also directed to play its role in maintaining peace in Karachi.

Sources said that the interior ministry is of the view that Article 149 of the Constitution allows the federal government to extend its executive authority to any province in peculiar situations, including for the prevention of any grave menace to peace.

Article 149 reads: “149. Directions to provinces in certain cases. (1) The executive authority of every province shall be so exercised as not to impede or prejudice the exercise of the executive authority of the Federation, and the executive authority of the Federation shall extend to the giving of such directions to a province as may appear to the federal government to be necessary for that purpose. (2) The executive authority of the Federation shall also extend to the giving of directions to a province as to the construction and maintenance of means of communication declared in the direction to be of national or strategic importance. (3) The executive authority of the Federation shall also extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised for the purpose of preventing any grave menace to the peace or tranquillity or economic life of Pakistan or any part thereof.”

The sources said that Article 148 of the Constitution is also relevant in regard to the federal government’s role in a province. The Article 148(3) says, “It shall be the duty of the Federation to protect every Province against external aggression and internal disturbances and to ensure that the Government of every Province is carried on in accordance with the provisions of the Constitution.” The SC order in the Karachi killing case also directed the federal government to play its role in controlling the law and order situation in Karachi. The said judgment noted that besides the provincial government, the federal government had also not protected Province of Sindh against internal disturbance. The judgment said that both the Provincial and Federal Governments/Executives have to find out solutions of the present scenario as per provisions of the Constitution. The judgment added, “But overall it is the duty of both governments to formulate such law and initiate it in the appropriate assembly; and thereafter to implement it fully without showing any favour or immunity to any person whether a political favourite, ally or for any other personal or party consideration.”