Constitution gives federation full authority to extend powers

ISLAMABAD: The federal government has sweeping authority under the Constitution to extend the policing powers of the Rangers in Sindh for continuation of the ongoing targeted operation against criminals without even the consent of the provincial administration.

The federal government is armed with the massive powers to take steps to protect every province against external aggression and internal disturbances despite the much-touted 18th Amendment.

When Interior Minister Chaudhry Nisar Ali Khan talks about “other options” to exercise if the Sindh government doesn’t extend the Rangers’ policing powers, he has in mind three constitutional articles 147, 148 and 149 that bestow on the federal government the requisite powers.

Although the legal cover for the Rangers’ successful campaign against target killers, kidnappers for ransom, extortionists, terrorists and mafias in Karachi expired on July 19, the Sindh government is yet to renew it, with the federal authorities being deeply concerned over the unnecessary dilly-dallying. On his first day in office, new Chief Minister Murad Ali Shah was apparently non-committal on giving a specific time to extend the powers of the paramilitary force and stated that he would look into the matter in a couple of days. However, Chaudhry Nisar hoped that the new man would extend the Rangers’ power in a couple of days. He was perturbed over making the issue of extension controversial for political expediency and not due to the performance of the paramilitary force every time its policing powers expire.

Although grave rows had hit the matter for more than once since the Rangers launched the concerted operation and produced results, yet at the end of the day the Sindh government had been extending the powers of the force. Therefore, not even has the federal government invoked any of the three constitutional articles to keep the Rangers in place in Sindh for the job assigned to the force.

The Constitution is absolutely explicit about the powers of the federal government vis-à-vis provinces. Article 147 says notwithstanding anything contained in the Constitution, a provincial government may, with the consent of the Federal Government, entrust, either conditionally or unconditionally, to the Federal Government, or to its officers, functions in relation to any matter to which the executive authority of the Province extends provided that the Provincial Government shall get the functions so entrusted ratified by the Provincial Assembly within sixty days.

The following article reads: The executive authority of every Province shall be so exercised as to secure compliance with federal laws which apply in that Province. In the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province. 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.

Article 149 says 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.

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.

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 tranquility or economic life of Pakistan or any part thereof.