Law framed in view of treaties: Sindh government explains why provinces' consent is necessary

The Sindh government has said that entering into international treaties is the federal government's domain but it should take the provinces' consent before promulgation of the law framed in view of treaties. A three-judge bench, headed by Justice Azmat Saeed Sheikh was hearing Federal Ombudsperson for the Protection against Harassment of Women at Workplace (FOPHWW) petition regarding its jurisdiction.
The bench is examining whether jurisdiction of Federal Ombudsperson for Protection against Harassment of Women at the Workplace should be extended to all the provinces or the provinces should have their own laws regarding the matter.
Additional Advocate General Shahbir Shah argued that entering into the international treaties is the federal executive act but before promulgation of the law the provinces' consent needs to be taken. He said the apex court would have to decide whether the Parliament under Entry 32 of Legislative List can make laws for the provinces. The Entry 32 is about international treaties, conventions and agreements and international arbitration.
If this could be domain of the federal legislature then whether the provincial assembly can't make law on women harassment, he further argued. He said though they have appointed Ombudsperson on Women Protection but like other provinces the Sindh government has not made law on it in view of Article 270AA of Constitution. Justice Sajjad said when there is no concurrent and the provincial lists then whatever is in the list that will fall in the domain of the federation if not then if will become provincial subject. He questioned what the need of Entry 32 is when federation does not have power to enforce the treaty then what the need of entering into the treaties is.
Justice Sajjad Ali Shah said the labour is the provincial subject but the federal government can ask the provinces to enforce the international treaty on labour.
Justice Azmat said they don't want that the provincial autonomy given in the Constitution is done away with.
The AAG said the Protection against Harassment of Women at Workplace Act, 2010 was passed before the Entry was made part of the Constitution. Justice Azmat remarked that no where it is written in the Constitution that before 18th Amendment the federation did not have power to enter into treaty.
Shahbir Shah contended that the domestic laws are bigger thing than the treaties. The law of ratification of international treaties was passed in 2013. He argued the entries can't be construed different from the scheme of the Constitution.
Justice Sajjad said if they decide the case on the basis of the international treaty then the provinces would have to give every subject to the federation.
Justice Azmat said that they have no intention to strike down the provincial law.
He said the apex court is examining those things which had to be done by the Parliament. The Parliament did not perform its function, he added.