New Privileges Act for Khyber Pakhtunkhwa Lawmakers Sparks Transparency Concerns

Serious concerns have emerged following the passage of the Powers, Immunities and Privileges Act, 2026, by the Khyber Pakhtunkhwa Assembly. The lack of transparency surrounding the Act's details is a primary issue; despite being passed in late April and assented to in early May, the full text was not readily available on the assembly's website for some time, with similar acts being posted sooner. This delay suggests a potential anticipation of public disapproval.

The Act introduces a lengthy list of at least 21 privileges for Members of the Provincial Assembly (MPAs), some of which are carried over from a previous 1988 law, while several new ones have been added. Notably, Section 4 exempts MPAs from attending court proceedings while the assembly or its committees are in session. Courts are now advised to reschedule hearings or grant adjournments to accommodate assembly schedules. Given the substantial backlog of pending cases, this provision is unlikely to aid the efficient resolution of legal matters.

Further complicating judicial processes, Section 5 stipulates that if an MPA is arrested or detained for a criminal charge not punishable by death or life imprisonment, courts must release the individual on their personal bond to allow them to attend assembly or committee meetings. This raises questions about accountability and the potential for undue influence on the justice system.

The new law also grants MPAs significant powers within their constituencies. Section 8 empowers them to summon meetings where attendance by every district government officer is mandatory. Failure to attend without sufficient cause constitutes a breach of privilege. This could create practical challenges for district officers who may need to attend multiple such meetings across different constituencies, potentially blurring the lines between legislative and executive functions and increasing workload.

Additionally, the Act extends substantial benefits related to security and accommodation. Section 12 entitles each MPA to 'Category B security,' involving one head constable and two constables, with the possibility of upgrading to 'Category A' (one head constable and four constables). The provision of vehicles, fuel, and maintenance for this security detail, available throughout their term and across Pakistan, appears excessive and carries significant financial implications. Section 13 adds further privileges, including three days of free accommodation in government facilities, eight arms licenses for non-prohibited bore weapons, and exemption from toll taxes, further amplifying concerns about the Act's scope and cost.