Likely federal interference in Karachi

Exercise of constitutional options tricky matter

By Tariq Butt

ISLAMABAD: The federal government possesses certain constitutional powers including imposition of governor’s rule and financial emergency to interfere in any province, which, however, need to be exercised sparingly otherwise it will give rise to tensions with the concerned federating unit.

Constitutional experts told The News that the central government is required to be cautious while taking any step vis-à-vis Karachi because the provincial administration will strongly challenge and oppose it.

Attorney General of Pakistan Khalid Jawed Khan has told the Supreme Court that the federal government is considering different constitutional options for improvement of Karachi and he has held a detailed discussion with Prime Minister Imran Khan about them.

Strong reactions of Pakistan People’s Party (PPP) Chairman Bilawal and Chief Minister Syed Murad Ali Shah reflect their response to any federal move about Karachi.

When asked to comment on the attorney general’s statement, former President of the Supreme Court Bar Association Kamran Murtaza said any federal meddling in Sindh would be a strike against democracy. He said the central administration should not use the shoulders of any institution to proceed against any federating unit. However, he cited different constitutional articles 145, 147, 149, 234 and 235, some of which, he said, could be relied on by the federal government to “take over” Karachi or engage in other actions there. “Any such attack will not be acceptable to the legal community and Pakistan’s premier bars have already made it known.”

During a chat with The News, prominent lawyer Kashif Malik referred to various judgments of the Supreme Court, which say the federal government under Article 148(3) has the power in certain areas particularly law and order situation to come in.

In the Wattan Party case, he said, the apex court said that with Pakistan having written Constitution, which is implemented through the Federation and the provincial governments by strictly adhering to its provisions without any political consideration, the situation of law and order can be managed.

In the violence in Christian Colony Badami Bagh Lahore case, the Supreme Court also quoted Article 148(3). In the Balochistan High Court Bar Association case, it said this provision casts a duty on the federation to protect the provincial government against internal disturbance. Such duty has to be exercised by the federal government as a constitutional duty and no departure from it is possible because of performance of such duty is an obligation, the ruling said.

It also said that in terms of Article 148(3), the federal government is also equally responsible to assist the provincial government in maintaining law and order situation, restoring the peace and to protect the lives and properties of the citizens.

However, Kashif Malik said that the federal interference in a province that is ruled by a party opposed to the political entity running the central government as is the case of Sindh at present was always a sensitive matter that can trigger political mayhem. “The objective behind any federal intervention will be to improve the state of affairs in Karachi, but if the situation takes an ugly turn, any such constitutional move may turn out to be counter-productive.”

Article 145 deals with the power of President to direct the governor to discharge certain functions as his agent; Article 148 talks about obligation of provinces and Federation; and Article 149 covers directions to provinces in certain cases.

Article 234 deals with the governor’s rule under which the president has the power to issue a proclamation in case of failure of constitutional machinery in a province. He can act on the report of the concerned governor or approval of a resolution separately passed by the National Assembly and Senate. Such a proclamation has to be laid before and passed by the joint parliamentary session otherwise it will expire after two months. Article 235 covers the imposition of financial emergency.

Three instances immediately spring to mind showing that the constitutional articles cited in the story were applied by the federal government vis-à-vis different provinces in the past.

Since 1989, the paramilitary force, Pakistan Rangers, has been deployed in Karachi by the federal government under Article 147 (changed by the 18th Amendment in 2010) to control the worsening law and order situation in the mega city. The notification is being regularly extended.

In February, 2009, President Asif Ali Zardari imposed the governor’s rule in Punjab saying that the provincial government cannot be carried on in accordance with the provisions of the Constitution after the Supreme Court disqualified the then chief minister Shahbaz Sharif as member of the Punjab Assembly. He took the plea that an unprecedented and unique constitutional void has been created consequent upon the court decision.

A similar constitutional provision (of the then prevailing interim constitution) was invoked by President Zulfikar Ali Bhutto (ZAB) to dismiss the Sardar Ataullah Mengal government in Balochistan in Feb 1973. After the National Assembly enacted the present 1973 Constitution in April that year, ZAB had taken oath as the prime minister. He alleged that arms had been recovered from the Iraqi Embassy, which were ostensibly meant for Baloch rebels.