Plant Protection: yes, read the constitution

The Pakistan People’s Party is usually right when it comes to matters of the constitution. Afterall, its leadership can claim to have been in the driving seat during country’s defining legislative moments since 1971. But party’s position has been found wanting in a recent development related to plant protection; and risks making a case against devolution if it sticks to its guns.

The locust plague pre-dates the onslaught of Covid-19; in fact, alarm bells were raised of an ‘unprecedented threat’ by FAO’s Desert Locust Bulletin as early as Jan-20 for the then upcoming spring. The same month, federal government declared a national emergency to combat locust onslaught, according to a Radio Pakistan presser. By mid-Feb, Punjab government had released a grant of Rs500 million for provincial efforts, while news reports suggest that an additional Rs 7.3 billion were set aside by the federal government for nationwide operations.

Going by news last week, it appears the worst-case scenarios have come true so far as the severity of the locust attack is concerned. The Sindh government rightfully claims that under Pakistan Plant Quarantine Act, 1976, plant protection is currently regulated under federal law. And while the federal government may have shown initiative in setting aside funds for combat operations, it has been blamed for playing favourites in disbursement. Given the prevailing political climate and state of Sindh-Federal relations, that is not entirely out of the realm of possibility. The question is, does the provincial government have any responsibility to shoulder whatsoever?

Despite claims made to the contrary, prevention of infectious, contagious disease, and pest control affecting men, animals or plant is no longer an exclusive federal domain since the abolition of Concurrent Legislative List with the 18^th amendment. Case in point is The Sindh Epidemic Diseases Act, 2015; exercise of provincial executive authority under the Act have been in full display in Sindh’s fight against Covid-19. Yet, when it comes to plant protection, the Sindh government has taken a diametrically opposed position. What gives?

The Article 144 of the Constitution, specifically. Since 18^th amendment, the federation of Pakistan stands on the principles of residuary powers being vested with the provinces (For more, read “Understanding agriculture’s constitutional arrangement”, by BR Research on January 13, 2020). However, Article 144 also allows the federal government to legislate on subjects in provincial domain, with the consent of the provincial assembly, while safeguarding provincial right to opt-out of such legislation when it deems fit.

Because the 18^th amendment did not repeal legislations made before its promulgation, law of continuity dictates that subjects already legislated upon continue quo ante or as before, unless explicitly legislated upon by provinces in its wake. From Pakistan Penal Code of 1860 to Coinage Act of 1906, common law is replete with precedents where existing law of the land is inherited by succeeding jurisdiction, unless amended or repealed later. Yet, the mudslinging over province-federal relationships since 18^th amendment has continued ad nauseum as if the way forward is still shrouded in mystery.

It is self-evident that the arrow of devolution should only point in one direction and always march onwards. However, cherry-picking of rights and responsibilities by provincial governments in fact risks making the case for centralists; that provincial governments have struggled (if not, failed) to tackle head on the legislative challenge in front of them since the ball on devolution was set rolling. Before shirking responsibility in matters that could have been taken up by provincial assemblies, it is cautioned that provinces tread carefully.