PMLN Challenges 12 NFC Appointment as Illegal, Unconstitutional
PMLN while challenging government’s 12 May 2020’s steps regarding the National Finance Commission in Islamabad High Court as a violation of Articles 160(1) and 160(2) has demanded that it be dismissed as void.
The petition demands that it be declared that the President is bound by the advice of the Prime Minister and the Cabinet while the Governors are bound by the advice of the Chief Ministers and the Provincial Cabinets. It pleads that in the absence of such, all appointments to the NFC are null and void.
The petition has listed President, Federal Government, Finance Ministery, Secretary Law and Finance Advisor Abdul Hafiz Sheikh as the respondents of the petition according to the article 199 of the constitution.
The writer petition maintains that according to the article 160, in light of article 48 of the constitution is bound to act on the advice of the federal government. This, it said, means that the federation/ federal government of Pakistan is responsible for the NFC.
It states that the Prime Minister’s Finance Advisor was appointed without the advice, consultation/approval of governors and consequently the provincial governments.
The petition also pleads that the court should declare that any subsequent actions of the NFC with this contradiction of the constitution would be illegal and a violation of constitution. It pointed out that the article 160 of the constitution also specifies the number of members of the NFC and there is no concept of a minimum quorum.
The petition warned against centralisation of authority and power and said it was in direct contradiction of the the country’s founding father’s vision of Pakistan as a pure federation with maximum powers vested in the provinces as clearly mentioned in Quaid E Azam Muhammad Ali Jinnah’s historic 14 points.
