Creation of new provinces: MQM-P seeks annulment of provincial assemblies’ binding role

ISLAMABAD: Four Muttahida Qaumi Movement-Pakistan (MQM-P) legislators have moved a bill in the National Assembly to eliminate from the Constitution the obligatory condition of getting approval of a two-thirds majority of the concerned provincial assembly of an amendment to alter the limits of that province.Ms Kishwar Zehra, Usama Qadri, Sabir Hussain Qaimkhani, Salahuddin and Aminul Haq tabled the proposed legislation as the private members’ bill. They want to erase clause 4 of Article 239, which deals with carving another province out of an existing federating unit. The clause 4 says a bill to amend the Constitution which would have the effect of altering the limits of a province shall not be presented to the president for assent unless it has been passed by the assembly of that province by the votes of not less than two-thirds of its total membership. The clause makes it clear that even if a bill to create a new province is passed by both the National Assembly and the Senate, it is mandatory to get the sanction of two-third majority of the concerned provincial assembly, otherwise, it can’t be enacted. The whole parliamentary exercise will be futile if the provincial assembly refuses to extend support of its requisite numerical strength.The statement said it is expedient to further strengthen the sovereignty and legislative power of the Parliament by omitting clause 4 which is a veto power with a province illogically and irrationally as well as without cogent reasons and justifications. Other clauses of the article cover general constitutional amendments. The obvious primary reason behind the MQM-P’s instant amendment is to have Karachi as a separate province to which the Pakistan People’s Party (PPP), Grand Democratic Alliance and some other parties are strongly opposed. The amendment can get the nod of the parliament only when all the parliamentary parties join hands as neither the ruling alliance nor the opposition parties are separately in a position to pass it.

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