Ministries' cases: Cabinet body criticised for violating legal mandate

ISLAMABAD: The Cabinet has reportedly grilled the Cabinet Committee on Disposal of Legislative Cases (CCLC) for violating its legal mandate in different cases of ministries submitted for clearance from legal point of view.

This unpleasant scenario was witnessed in the cabinet meeting held on August 25, 2020 when minutes of different meetings of CCLC were presented for ratification.

During discussion on amendment in Rules 6 and 9(1) of Pakistan Investment Bonds Rule, 2000- a summary of Finance Division, Advisor to the Prime Minister on Finance and Revenue, Dr. Abdul Hafeez Shaikh contested the amendment suggested by CCLC, saying that this amendment proposed by the CCLC would take away the flexibility from the Finance Division. He suggested that the proviso added by the CCLC be discarded, which was also agreed to by the Minister for Law and Justice/Chairman CCLC.

The members raised concern that the CCLC, by trespassing into the policy domain of Ministries, was exceeding its given mandate. It was opined that CCLC should limit itself to drafting and legality of the proposed Bills/Rules etc.

The Minister for Federal Education & Professional Training, Shafqat Mehmood, expressed his objection to CCLC's comments on the proposal submitted by the Federal Education & Professional Training Ministry regarding grant of Charter to the Pakistan Global Institute (PGI) Rawat, Rawalpindi. It was recalled that the mandate of the CCLC was limited to legal vetting of the proposals only, while justification of a legislation or amendment thereof remained the domain of the sponsoring Ministry. If any member had any objection to the core proposal, then it could be taken up during the Cabinet meeting.

The Cabinet also ratified the decision in case titled 'amendment in Rules 6 and 9(1) of Pakistan Investment Bonds Rule, 2000' with the stipulation that the proviso 'provided that Finance Division may also issue Zero Coupon Bonds' shall be deleted.

The Cabinet also directed CCLC to limit its scrutiny to drafting and legality of the Bills/Rules and should not question the concept/policy issues since latter is the prerogative of the sponsoring Division or the Cabinet.

Likewise, when the Elections ( amendment) Bill, 2020 presented for ratification, it was highlighted that the CCLC while considering the case titled 'The Constitution (Amendment) Bill, 2020' did not approve the proposed amendment in Article 63 (1) (c) which would allow overseas Pakistanis to contest the elections but renounce their foreign citizenship before taking oath. The majority of the members were of the view that overseas Pakistanis were valuable and their entrance into politics should be facilitated. The professionalism experience and competence they bring could catalyze a healthy change in policymaking.

The Cabinet also ratified the case titled The Constitution (Amendment) Bill, 2020' with the stipulation that the proposed amendment in Article 63 (1) (c) shall be part of the Bill.

Copyright Business Recorder, 2020