The advice of the Pakistan Tehreek-e-Insaaf’s (PTI) central leader Asad Qaiser—formerly speaker of the National Assembly of Pakistan (NA)—to his party’s Chief minister in Khyber Pakhtunkhwa seems his defection from the Constitution of Pakistan and even the oath he has recently taken as member of this Assembly.
Asad Qaiser in a statement yesterday asked the KP’s Chief Minister Ali Amin Gandapur end ties with the federation of Pakistan stating that the Center will not accept any of KP’s demands. His statement is being taken by the citizens as surprising and against the constitution of the Islamic Republic of Pakistan.
Obviously, his advice to the CM of KP has arisen a question how this leader of the PTI has sensed all when very recently both the federal and provincial governments have taken place.
Important to mention here is that he has advised this after the KP’s Chief Minister met with Federal Interior Minister Mohsin Naqvi at Peshawar to deliberate over joint strategy fight terrorism. It was also at the time his party’s CM attended a meeting which the Prime Minister of Pakistan called a day earlier over economic and smuggling matters. Advising the CM, Mr. Asad disclosed that another factor behind advice was that that the federal government has not appointed a single officer in the province which the CM has demanded. Similarly, there was progress on the issue of KP arrears, he added.
However, when Asad’s statement is viewed under the context of the Constitution of Pakistan it seems a clear violation of the Constitution which clearly speaks about the relations between the federation and provinces. Since chief minister of any province is under as per the procedures laid down in the constitution so has a chief minister certain constitutional responsibilities to full.
Chapter II of the Constitution states about the administrative relations between the federation and provinces. Clause 1 of the Article 146 of the Chapter II states ‘Notwithstanding anything contained in the Constitution, the Federal Government may, with the consent of the Government of a Province, entrust either conditionally or unconditionally to that Government, or to its officers, functions in relation to any matter to which the executive authority of the Federation extends.’ Similarly, Clause 1 of Article 148is about the obligation of provinces and federation (1) The executive authority of every Province shall be so exercised as to secure compliance with Federal laws which apply in that Province.
How it can be possible without good ties in between the provincial and federal government is a question to ask from Mr. Asad. Similarly, the federation is bound clause II of the same Article which states as – Without prejudice to any other provision of this Chapter, in the exercise of the executive authority of the Federation in any Province regard shall be had to the interests of that Province. Similarly, all what Mr. Adsad has said was against the oath he has taken after being elected in these elections of the country.
It states as ‘I do solemnly swear that I will bear true faith and allegiance to Pakistan: That as a member of the National Assembly (or Senate), I will perform my functions honestly, to the best of my ability, faithfully, in accordance with the Constitution of the Islamic Republic of Pakistan and the law, and the rules of the Assembly (or Senate), and always in the interest of the sovereignty, integrity, solidarity, well- being and prosperity of Pakistan,’
Interestingly this leader of the PTI has also stated that it is the right time for resistance and not conciliation. Another interesting fact but to what extend is question that he is the head of a committee that PTI’s founder Imran Khan made to contact the leadership of other political parties after the recent elections.
Unfortunately, earlier the KP’s CM faced criticism from within the party after he met with the Prime Minister of Pakistan Mian Muhammad Shehbaz Sharif in Islamabad. The advised CM termed that meeting as very with respect to the discussions over public and provincial issues, including law and order. At the last but not the least, is it was only the PTI’s founder who talking to media in Jail expressed displeasure over that meeting.
(Senior journalist Rana Kashif authored this opinion)
