Regulatory bodies

Chief Justice Lahore High Court suspended the notification transferring administrative control of five regulatory bodies to their respective ministries. The notification issued on 20 December 2016 cited Rule 3(3) of the Rules of Business, 1973 as justification for transferring control of five regulatory authorities from cabinet division to their line ministries: National Electric Power Regulatory Authority (Nepra) under the control of the Water and Power division, Oil and Gas Regulatory Authority (Ogra) under the Petroleum and Natural Resources division, Pakistan Telecommunication Authority (PTA) and Frequency Allocation Board (FAB) under the Information Technology and Telecom division and the Public Procurement Regulatory Authority (PPRA) under the Finance Division.
The relevant ministers were at great pains after the issuance of a notification to assure the public that it would not have any effect on the regulatory bodies' functions and limit their interaction to administrative matters alone. However these clarifications coming in the wake of the Prime Minister's public criticism of regulatory bodies taking decisions that were different from those recommended by the line ministries raised questions about the motive behind the notification. In addition, Punjab Chief Minister Shahbaz Sharif is also on record as having challenged the decisions of Nepra repeatedly.
Subsequent to the notification there was sustained criticism by two provinces where the PML-N does not form a government, notably Sindh and Khyber Pukhtookhwa, on grounds that such a notification required prior approval from the Council of Common Interests (CCI). Analysts too expressed concern over the notification by pointing out that it would compromise the independence of the regulators and thereby disallow them to take decisions in the public interest.
What is inexplicable is that the CCI was not called even though its membership is rigged in favour of the incumbent government as it is chaired by the Prime Minister and includes three federal ministers and the four chief ministers. Thus in the event that the federal government controls one province, as is the case today, the government can rubber stamp any decision given Article 154 (4) of the constitution stipulates that "the decisions of the Council shall be expressed in terms of the opinion of the majority." Article 154 (7) of the constitution states that in cases of disagreement within the CCI the matter may be referred to a joint sitting of parliament; however there too the PML-N commands an overall majority.
Thus the government can easily and legally rescind or amend a law that may be widely supported as it provides a check and balance to the powers of a federal minister in protecting public interest. The Sharif administration's failure to do so, though exhibited time and again by former administrations as well as provincial governments, shows disrespect and, disturbingly, a complete disregard for the law, for parliament and indeed for basic democratic norms that should prevail in an administration that prides itself for winning the popular vote.
One can only urge the Sharif administration to break with past tradition, its own and that of other administrations, and begin to protect the autonomy of institutions especially those that seek to protect public interest and, at the same time, learn to respect the law and the constitution that would, in turn, compel the influential people to also respect the law and constitution of the land.