Senate panel questions re-creation of devolved ministries after 18th Amendment

Pakistan's Senate Functional Committee on Devolution has raised serious concerns regarding the federal government's re-establishment of ministries dealing with subjects that were constitutionally devolved to the provinces under the 18th Amendment. The committee convened to examine these alleged violations and their implications.

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The re-creation of ministries after June 30, 2011, dealing with devolved subjects amounted to a violation of the Constitution

Senator Zamir Hussain Ghumro, who chaired the meeting, highlighted that initial notifications in 2010 and 2011 transferred 17 ministries related to concurrent and provincial subjects to the provinces. He stated that recreating ministries for these devolved subjects after June 30, 2011, constitutes a violation of the Constitution. Examples cited include education, health, national food security, and climate change, areas where federal ministries continue to operate despite devolution.

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The continuation of federal ministries on devolved subjects not only contradicts the constitutional scheme but also imposes an unnecessary financial burden on the federal government at a time when austerity measures are being implemented

Ghumro argued that maintaining these federal ministries imposes an unnecessary financial burden on the government, particularly during a period when austerity measures are being implemented. He noted that the federal structure has expanded significantly, with 31 ministries currently functioning, far exceeding the nine envisioned by the Constitution for core federal subjects like Defense, Finance, and Foreign Affairs.

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these ministries should be abolished as the matter had been settled by the Implementation Commission

To address these issues, the committee established a sub-committee to thoroughly examine devolution matters and alleged violations of the 2010 and 2011 notifications. The committee also directed the Establishment Division to halt appointments in devolved subjects and provide compliance reports, along with details of federal secretaries and their tenures. Furthermore, the committee sought details on oil and gas revenue payments to provinces over the past 16 years, expressing concern that provinces may not be receiving their due share. The functioning of the Council of Common Interests (CCI) was also deemed "dysfunctional" and in need of review.

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the need to review the functioning of the CCI, which he said had been made “dysfunctional”