By Dr.Abdul Razak Shaikh,
What is Article 149 of the Pakistani constitution and How it can be implemented in Karachi? A debate has started in after the announcement of Law Minister Dr. Farogh Naseem.
A statement from Law Minister Farogh Naseem that the Federation must take the administrative control of Karachi city for better administration has sparked a new debate regarding the federal government’s powers under Article 149.
The issue of garbage in the city has created a rift between the provincial and federal governments. Prime Minister Imran Khan has formed a committee, headed by MQM-P’s Farogh Naseem, to suggest what could be done to clean the city.
The panel in its meeting formed a Karachi Strategic Committee from Pakistan Tehreek-i-Insaf and the Muttahida Qaumi Movement Pakistan (MQM-P), leaving the PPP Sindh Government, Which is the majority party and controlling Government in the province of Sindh.
Ruling Pakistan Peoples Party in the province has already criticized the formation of Dr. The Naseem-led committee as Chief Minister Murad Ali Shah said he had neither been consulted nor taken into confidence on the move.
The Sindh Chief Minister while addressing a session of the Sindh Assembly on Monday said the federal government is neither capable of running the economy nor the country and the constitution of the Karachi Strategic Committee is an unconstitutional step.
He said it is the responsibility of the district municipal corporations to clean Karachi. The chief minister said his party acts in accordance with the constitution, calling for a meeting of the Council of Common Interests. The meeting is not summoned because of the water issue.
CM said Sindh is the “mother” of the country, adding that PPP’s Bilawal Bhutto Zardari vowed not to let anyone harm the province. It is the PPP that has been fighting the ones calling for Sindhu Desh.
He said the prime minister is not acting upon the constitution. People won’t allow what you want to do.
During the session, a resolution was adopted against the possible imposition of Article 149 in Karachi through the majority of votes.
The law minister, who is an MQM-P senator, talked to different news channels, saying that Karachi’s situation demanded the federal government play its role in resolving people’s problems without imposing governor’s rule or emergency.
I do not know whether the federal government will accept my suggestion, but in my opinion, there is no other solution except for this imposition of Article 149(4), since other steps are extreme.
He said Article 149 (4) was an independent article, which was retained by PPP and the Pakistan Muslim League-Nawaz when the 18th Amendment to the Constitution was passed. He was of the view that the said article was not against provincial autonomy.
This is my personal opinion. And I will table it before the Karachi Strategic Committee formed by Prime Minister Imran Khan. If the committee agrees with my analysis, the proposal will be presented to the premier and the cabinet. Then, it is at their disposal to invoke the article in Karachi or not.
Asked whether the Sindh governor or the Karachi mayor would be responsible for Karachi’s affairs in case of enforcement of Article 149(4), the law minister said in a lighter vein that details would be unfolded in the days to come.
Article 149 (4) reads: 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.
Sindh Information Minister Saeed Ghani joined the debate on various TV channels, saying that Article 149 (4) should be enforced in Punjab or in Khyber Pakhtunkhwa where the law and order situation and economy was not good as compared to Sindh. Mr. Ghani said there was no need of enforcing the said article in Sindh, where situation was much better than other parts of the country.
The issues of garbage and sewerage did not fall within the ambit of Article 149 (4). The federal government can only give directives to the provincial government, but it cannot take over the functions of the provincial government.
Saeed Ghani said Article 149 (4) did not give the federal government the right to take over powers of the provincial government. Some people are not willing to tolerate the PPP-led Sindh government. People of Sindh are also part of Pakistan, therefore, their mandate should be accepted.
PPP sources, commenting on the committee formed by the PM for Karachi, We will not allow any alternative system to be introduced in the presence of the provincial government. The federal government would have to work within the purview of the Constitution and law.
In short, Article 149 of the constitution can be invoked if the federal government feels that it needs to oversee such matters as the construction and maintenance of strategic communication channels and to prevent grave threats to public life and property.
The article allows for the federal government to exercise its powers in these areas without disrupting the provincial government or resorting to Governor rule.
Pakistan Peoples Party, the ruling political force in Sindh has pledged to resist any move made by the center to take over administrative control of the provincial capital.
All the other political forces in the province are also against the use of article 149 in Karachi including PML-F, JUI-F, GDA and other Nationalist parties of Province. Benefit definitely will go PPP government in Sindh, People are already with the affection of PPP and that will boost more.