Institutional Analysis of
Council of Common Interests
(CCI)
A Guide for Functionaries
Ahmad Mehmood Zahid
Institutional Analysis of
Council of Common Interests
(CCI)
A Guide for Functionaries
Ahmad Mehmood Zahid
Contents
Preface
(i)
Executive Summary
01
Chapter – 1
Council of Common Interests: Historical Overview
07
Chapter – 2
Council of Common Interests: Pre-18th Amendment Scenario
15
Chapter – 3
Council of Common Interests: Post- 18th Amendment Scenario
25
Chapter – 4
Amended Council of Common Interests: An Appraisal
39
Chapter – 5
Conclusions
47
Annexures
Annex A. Excerpts from the Constitution of the Islamic Republic of Pakistan, 1956
Annex B. Excerpts from the Constitution of the Islamic Republic of Pakistan, 1962
Annex C. Excerpts from the Constitution of the Islamic Republic of Pakistan, 1973
Annex D. Excerpts from the Rules of Business, 1973
Annex E. Rules of Procedure of CCI, 1991
Annex F. Composition of CCI (1973 – 2006)
Annex G. Rules of Procedure of CCI, 2010
51
55
59
63
65
71
77
Institutional Analysis of
Council of Common Interests (CCI)
(i)
Preface
In the scheme of Pakistani federalism the Council of Common Interests (CCI) was created
in 1973 to harmonize federal-provincial relations and conform to the spirit of federalism. It
was a new approach towards addressing federal-provincial issues after bitter experiences
of One Unit characterized by a highly centralized decision making and denial of provincial
rights that resulted in East Pakistan tragedy in 1971. Even after this tragic episode the
Pakistani federal experience had been characterized by continued conflicts and crisis
between the federation and provinces for greater autonomy and control over natural
resources. It is in this context that the 18th Constitutional Amendment has tried to reform
and restructure the CCI to promote a culture of participatory federalism.
The 18th Amendment has introduced two major steps: (i) expanding the scope of Federal
Legislative List-II and (ii) revitalizing the composition of the Council of Common Interests
(CCI).i In the new scenario the Council has emerged as one of the most important forums in
the federal institutional framework. It is envisaged to become an effective dispute
resolution, economic planning and development forum to further the cause of
participatory federalism.ii
Since its creation in 1973 the CCI had been a less utilized constitutional body. Before the
Constitution and institutions flowing out of it could have solved federal-provincial issues,
it was put in abeyance in 1977 by imposing martial law, and in 1985 through the 8th
Amendment its federal spirit was changed. In 1999, it was again put in abeyance, and in
2003 vide the 17th Amendment it was given a quasi-presidential form. Thus in absence of
constitutionality the CCI remained a dormant body. During 37-year of its existence since its
inception in 1973 to 2010, it could meet only for 11 times. In absence of any proper
secretariat of the CCI it is difficult to find any well documented institutional memory.
After the 18th Constitutional Amendment in April 2010 the CCI has held 13 meetings till
December 2013 and taken up dozens of issues of federal-provincial importance. This
explains the increasing efficacy of the CCI and functionality of the notion of 'shared
responsibilities' after the 18th Amendment. The rationale of the CCI is anchored in a federal
concept of Inter-Governmental Relations. It is a distinct feature of twenty eight federally
organized countries in the world that have at least two or more tiers of constitutionally
defined governments on same set of population and territory. For smooth functioning of
each tier within their constitutionally defined competences a substantial level of interaction
and cooperation is of vital importance. The mechanisms for managing such coordination,
communication, cooperation and conflict resolution are varied. In federalism discourse
these methods are often described as 'Inter-Governmental Relations (IGR)’.iii
(ii)
Institutional Analysis of
Council of Common Interests (CCI)
In Pakistan an equivalent expression that figures in the Constitution is 'Inter-Provincial
Coordination (IPC).’iv The Article 130 of Constitution of 1956 provided for Inter-Provincial
Council. The Constitution of 1962 totally ignored the need of any such forum and refrained
from the very use of the word 'federal.' In the ‘federalism phase’v the Constitution of 1973
created the Council of Common Interests (CCI) to ‘conform to the spirit of federalism.’vi
Composition of the CCI had been and till today have an equal representation of the federal
and four provinces. The creation of the Council was a progressive leap forward along with
establishment of the Senate as the territorial chamber.
Centre for Civic Education Pakistan with support from United Nations Development
Program has attempted to develop this institutional analysis of the CCI. Mr. Ahmad
Mehmood Zahid, former Federal secretary, Inter-Provincial Coordination, needs to be
recognized for his extensive research and authoring this valuable analysis. We hope that
the readers and users of this publication will find it beneficial to understand the promise
and potential of the CCI.
Zafarullah Khan
Executive Director
Centre for Civic Education Pakistan
December 30, 2013
i
Rabbani, Mian Raza, A Biography of Pakistani Federalism: Unity in diversity, Islamabad
2012, p. 172
ii
Ibid
iii
Chattopadhyay, Rupak and Nernberg, Karl (ed), Dialogues on Inter Government
Relations in Federal Systems, Forum of Federations 2010 p.3
iv
Entry 13 of Federal Legislative List-II in Fourth Schedule, The Constitution of the Islamic
Republic of Pakistan 1973
v
Waseem, Mohammad, Federalism in Pakistan, Forum of Federations 2010
URL:http://www.forumfed.org/pubs/Waseem-Fed-Overview.pdf
vi
Ahmed, Syed Jaffar, Council of Common Interests, Forum of Federations 2011 p.12
Institutional Analysis of
Council of Common Interests (CCI)
01
Executive Summary
The Council of Common Interests (CCI) was created after the promulgation of the
1973 Constitution of Pakistan. The various dimensions of functioning of the Council
including its membership and rules of engagement were covered in various clauses
of the said constitution.
Article 154 of the Constitution authorized the CCI to formulate and implement
policies on matters covered in Part-II of the Federal Legislative List (FLL). The
Council also had jurisdiction in the matters pertaining to electricity (entry 34 of
erstwhile Concurrent Legislative List (CLL) in so far as it was in relation to the affairs
of the Federation.
The 1973 Constitution made CCI accountable to the parliament empowering it to
amend any aspect of functioning of the CCI . The latter could by law frame the rules of
procedure for the Council. Parliament could, in its joint session issue general or
specific directions to the Council. It was also authorized to hear the references of the
Federal or the Provincial Governments against the decision of the Council.
After a wait of thirty seven years, the federal provisions of the 1973 Constitution were
amended when the 18th Amendment came into force in 2010. Prior to the passage of
this amendment, only eleven meetings of CCI had been held where forty four items
pertaining to center-province relations were discussed. The Council first framed its
own Rules of Procedure in 1991 i.e. fourteen years after its inception.
Since the creation of CCI, the Parliament has not framed any law regarding rules of
procedure and functioning of the Council. Moreover, neither the Parliament nor the
Government (Federal or Provincial) gave any general or specific direction to the
Council. The governments have also never questioned any decisions of the CCI by
making reference to the Parliament.
After a hiatus of thirty seven years, significant changes were made to the
composition, role and responsibilities of the Council. These amendments will be
discussed in subsequent paragraphs.
The CCI is now chaired by the Prime Minister. Previously any Federal Minister could
be nominated by the President to be the chairman of the Council. [Article 153(2)]
Since its founding, the CCI has been accountable to the Parliament. However, the
02
Institutional Analysis of
Council of Common Interests (CCI)
modalities and operationalization of this accountability were never clearly stated in
the Constitution. The 18th Amendment directed the Council to submit annual
reports to both houses of Parliament. [Article 153(4)]
The 1973 Constitution authorized the President to appoint members of CCI without
mentioning any time frame. Thus the President could delay setting up of CCI
indefinitely. The 18th Amendment compelled the President to constitute the CCI
within thirty days of the Prime Minister's oath of office. [Article 154(2)]
Clause 3 of Article 154 provided that the Council will have a permanent secretariat
and hold meetings at least once in ninety days. But prior to the 18th Amendment,
none of the above two conditions were there.
After the 18th Amendment the Prime Minister can now convene the meetings of
the Council on the request of a province on an urgent matter.
The jurisdiction of CCI on disputes pertaining to water usage and sharing between
provinces has been expanded. Complaints about interference with water supplies
(earlier confined to 'natural source of supply') as well as supply from 'reservoir'
can be brought to the CCI . [Article 155]
In case of any dispute between the Federal Government and a Provincial
Government in respect of any matter under Article 157 (pertaining to electricity),
any of the said Governments could move the Council for resolution of the
dispute.
Following ten subjects were added to FLL Part-II, thereby enlarging the domain of
the Council to formulate and regulate policies on these issues. These include:
(1)
Electricity;
(2)
The declaration and delimitation of major ports, and the constitution and
powers of port authorities therein;
(3)
All regulatory authorities established under Federal law;
(4)
National planning and economic coordination including planning for
scientific and technological research;
(5)
Supervision and management of public debt;
(6)
Census;
(7)
Extension in powers and jurisdiction of members of a provincial police
force to any area in another Province with the consent of the concerned
government; extension of the powers and jurisdiction of members of a
provincial police force to railway areas outside that Province;
(8)
Legal, medical and other professions;
(9)
Standards in institutions for higher education and research including
scientific and technical institutions;
(10) Inter-provincial matters and co-ordination
Institutional Analysis of
Council of Common Interests (CCI)
03
In the post-18th Amendment phase, thirteen meetings of the Council have been
held (Between July 2010 and July 2013) where 76 agenda items were discussed by
the Council.
Changes were required in the Rules of Procedure 1991 due to amendments in
various Articles of the Constitution pertaining to its composition, mandate and
meetings. The Council approved its new Rules of Procedure in July 2010 in its very
first meeting after the passage of the 18th Amendment. New rules provide the
procedure for meetings, submission of cases, record of proceedings and process
for implementation of decisions. It could be argued that the formulation and
regulation of policies and exercise of supervision and control over related
institutions by the Council has taken away the powers of the Federal Government
in the matters covered in the FLL Part-II. But the parliament still has the powers to
legislate on all matters in the FLL whether these pertain to Part-I or Part-II. In view
of this legal position, the executive authority of the Federation also extends to all
matters covered in FLL, both in Part-I and Part-II. The scope and
operationalization of CCI's powers in FLL Part-II is to be decided by the Council
itself. No other institution can interfere in this matter. Both the CCI and Federal
Government have never raised any concerns about the modalities of sharing of
powers between them.
CHAPTER
1
Council of Common Interests:
Historical Overview
Institutional Analysis of
Council of Common Interests (CCI)
07
Introduction
In this chapter, we will examine the various constitutions of Pakistan with reference to
the question of federalism. We will briefly discuss the key provisions of all three
constitutions looking at the nature of inter-governmental relations, dispute resolution
mechanisms and participatory decision-making.
1.
2.
3.
The CCI was first created under the 1973 Constitution. In an unprecedented
politico-legal measure, the Constitution established a forum for:a)
Participatory management by the federation and the federating units
b)
Inter-provincial coordination and ,
c)
Dispute resolution
Various aspects of composition, appointment and functioning of CCI are covered
under various clauses and schedules of the 1973 Constitution.
The CCI is by far the most significant forum of inter-governmental coordination in
the history of Pakistan. Similar forums that attempt to build trust and promote
inter-provincial coordination in Pakistan include National Finance Commission
(NFC) and the National Economic Council (NEC). Such institutions are essential
remedies for settling formal disputes in federal structures. In line with the
participatory spirit of the CCI, the 1973 Constitution took a step forward in
enhancing the scope of provincial powers in Pakistan.
CCI through history
4.
The 1956 Constitution was the first constitution of Pakistan. Prior to that the
country was governed by the Government of India Act, 1935 and Indian
Independence Act, 1947, inherited from the colonial period. These two sets of
legislations aimed at strengthening the powers of the rulers thereby establishing a
centralized structure of power. Real provincial autonomy at that time was only
extended to the Governors' provinces.
The 1956 Constitution: Key provisions
Inter-Governmental Fora
5.
The Constitution of 1956, provided for the establishment of two intergovernmental fora, where both the federal and provincial governments were
represented. These were the National Finance Commission (NFC) and the
National Economic Council (NEC). The NFC was to be comprised of the federal
finance minister as chair along with the provincial finance ministers and some
other relevant officials who could only be appointed after consultation with the
governors of the provinces. The Commission was assigned the task of making
recommendations concerning the distribution between the federation and the
provinces of the tax proceeds in the divisible pool and making of grants-in-aid by
Institutional Analysis of
08
Council of Common Interests (CCI)
the federal government to the provinces and exercise of the borrowing powers by
the federal and provincial governments (Article 118) (Annex-A).
The National Economic Council obligated the President to constitute the Council
consisting of four federal ministers, three ministers from each province and the
Prime Minister who was to be the ex-officio chairman of the Council. The NEC
was assigned the task of reviewing the overall economic position of the country
and formulating plans in respect of financial, commercial and economic policies
for advising the federal and provincial governments. (Article 199 Annex-A)
Dispute resolution
6.
7.
The 1956 Constitution also set in place dispute resolution mechanisms to settle
any disagreements between and within central and provincial governments.
Under Article 156 (Annex-A), the Supreme Court was endowed with “original
jurisdiction in any dispute between __
a)
the Federal Government and the Government of one or both
Provinces ; or
b)
the Federal Government and the Government of a Province on the
one side , and the Government of the other Province on the other ; or
c)
the Governments of the Provinces,
if and so far as the dispute involves __
i)
any question, whether of law or of fact, on which the existence or
extent of a legal right depends; or
ii)
any question as to the interpretation of the Constitution.
2.
The Supreme Court in the exercise of its above said original
jurisdiction shall not pronounce any judgment other than a
declaratory judgment.”1
Apart from the original jurisdiction of the Supreme Court, another dispute
resolution process was given under Article 129 (Annex-A). This provided that:
“(1)
(2)
1
any dispute between the Federal Government and one or both Provincial
Governments, or between the two Provincial Governments, which under
the law or the Constitution is not within the jurisdiction of the Supreme
Court, may be referred by any of the Governments involved in the dispute
to the Chief Justice of Pakistan, who shall appoint a tribunal to settle the
dispute.
Subject to the provisions of any Act of Parliament, the practice and
procedure of any such tribunal, including the fees to be charged and the
award of costs, shall be determined by rules made by the Supreme Court
and approved by the President.
The 1956 Constitution of Pakistan
Institutional Analysis of
Council of Common Interests (CCI)
(3)
(4)
(5)
09
The report of the tribunal shall be forwarded to the Chief Justice, who shall
determine whether the purpose for which the tribunal was appointed has
been carried out, and shall return the report to the tribunal for reconsideration if he is of opinion that the purpose has not been carried out;
and when the report is in order the Chief Justice shall forward the report to
the President, who shall make such order as may be necessary to give effect
to the report.
Effect shall be given in a Province to any order made under this Article by
the President, and any Act of the Provincial Legislature which is repugnant
to the order shall, to the extent of the repugnancy, be void.
An order by the President under this Article may be varied by the President
in accordance with an agreement made by the parties concerned.”2
Participatory management
8.
9.
10.
2
3
The 1956 Constitution also laid down rules to promote coordination between
center and provinces. Article 130 of the Constitution authorized the President to
establish an Inter- Provincial Council if it appeared to serve the public interest. The
said article stated that “If at any time it appears to the President that the public
interest would be served by the establishment of an Inter-Provincial Council
charged with the duty of
(a)
investigating and discussing subjects in which the Provinces, or the
Federation and one or both of the Provinces, have a common interest; or
(b)
making recommendations upon any such subject and, in particular,
recommendations for the better coordination of policy and action with
respect to that subject,
the President may, with the consent of the Governors of the Provinces, establish
such a Council and define the nature of the duties to be performed by it, and its
organization and procedure.”3
Concerning the question of provincial autonomy, the 1956 Constitution provided
three legislative lists outlining the distinct jurisdictions of federal and provincial
governments. According to the Article 106, the Federal List included all the issues
over which the federal government had the exclusive power to legislate. The
Concurrent List covered all the subjects over which both federal and provincial
legislatures could legislate and the Provincial List contained areas that were under
the sole jurisdiction of Provincial Legislature. (Article 106 Annex A).
Having established the distinct legal and political domains for federal and
provincial governments, the 1956 Constitution also dealt with the question of
residual powers. According to Article 109 (Annex-A) the Residual Powers were
given to the Provincial Governments. The Provincial legislatures had exclusive
power to make laws with respect to any matter not enumerated in any of the
The 1956 Constitution.
The 1956 Constitution.
10
11.
12.
Institutional Analysis of
Council of Common Interests (CCI)
above three lists.
Under Article 200 of the Constitution of 1956 (Annex-A), the President could
appoint a Board for each Province, consisting of representatives of the Federal and
Provincial Government(s) to advise the Federal Government on matters relating to
Posts and Telegraphs (both Federal subjects) in the Province.
It took nine years for the first constitution of Pakistan to be framed but less than
three years into its codification, it was abrogated in 1958. General Ayub Khan, who
came into power as a result of the 1958 military coup promulgated a new
constitution in 1962. This Constitution was presidential in form and had much
lesser space for provincial autonomy.
The 1962 Constitution: Key provisions
Provincial autonomy
13.
14.
Article 131 (Annex-B) of the 1962 Constitution provided the Central Legislature
with exclusive powers to make laws with respect to any matter enumerated in the
Third Schedule thereof. Powers to legislate on residual matters was given to the
Provincial Legislature under Article 132. However, the powers of Central
Legislature were greatly enhanced at the expense of Provincial Legislatures under
clause 2 of Article 131. Such was the broadened scope of the powers of Federal
Legislature that it was empowered to make laws even on issues not covered in the
Third Schedule.
The 1962 Constitution also granted special legislative powers to the Center in the
name of national interest. According to Article 131 Clause (2), “where the national
interest of Pakistan in relation to
(a)
the security of Pakistan, including the economic and financial stability of
Pakistan;
(b)
planning or co-ordination; or
(c)
the achievement of uniformity in respect of any matter in different parts of
Pakistan,
so requires, the Central Legislature shall have power to make laws (including laws
having extra-territorial operation) for the whole or any part of Pakistan with
4
respect to any matter not enumerated in the Third Schedule.”
Dispute resolution
15.
4
On the question of settlement of any disputes between Center and provinces, the
1962 Constitution followed the trend established in the 1956 Constitution. The
latter granted powers to the Supreme Court to adjudicate in such disputes.
However the modalities of dispute resolution underwent certain changes. For
example the setting up of a special tribunal by the Chief Justice of Pakistan under
The 1962 Constitution of Pakistan.
Institutional Analysis of
Council of Common Interests (CCI)
16.
11
Article 129 of the Constitution of 1956 (Annex-A) was done away with in the 1962
Constitution.
Another change in the 1962 Constitution pertained to the setting up of InterProvincial Council. Previously, Article 130 (Annex-A) gave the discretionary
powers to the President to establish an Inter-Provincial Council with the consent
of Governors. Although the President enjoyed complete autonomy in deciding the
composition of the Inter-Provincial Council. This provision was no longer there in
the 1962 Constitution.
Inter governmental fora
17.
The 1962 Constitution continued the trend established by the 1956 Constitution
concerning the functioning of NFC and NEC. NFC with its focus on making
recommendations on financial resources distribution and NEC, assigned with the
task of advising the Federal and Provincial Governments on formulation of plans
with respect to financial, commercial and economic development were present in
the 1962 Constitution. However, the composition of NEC, i.e. level of Federal and
Provincial representation was not elaborated. Moreover, the President was given
full authority to nominate the members of NEC. See Articles 144 and 145 of the
Constitution of 1962 (Annex-B).
The 1973 Constitution: Key Provisions
18.
1973 Constitution was unique in the sense that it provided for:
i)
full autonomy to the Provinces in the matters assigned to them. These
powers could not be taken back by the Federal Government in the garb of
national security, economic and financial stability, planning or coordination
or achievement of uniformity in respect of any matter in different parts of
Pakistan, as was the case under the 1962 Constitution.
ii)
the composition of two Inter governmental fora i.e. NFC and NEC was
given in the Constitution itself. It was no longer the prerogative of the
President or Federal Government. This was specifically indicated in Articles
160 and 156 respectively (Annex-C),
iii)
the method of resolution of disputes between any of two or more
governments (Federal and/or Provincial) through the original jurisdiction
of Supreme Court of Pakistan was provided in Article 184 (Annex-C),
iv)
these created a special forum with the prescribed representation from
Federal and/or Provincial Government for :
a)
participatory management by Federation and Provinces in purely
Federal matters,
b)
enhanced Inter-Provincial coordination,
c)
dispute resolution.
This chapter has briefly attempted to outline the various provisions of 1956, 1962
12
Institutional Analysis of
Council of Common Interests (CCI)
and 1973 Constitutions of Pakistan pertaining to the question of Center-Province
relations. There appears to be clear continuity in certain matters in all three
constitutions. However, the 1973 Constitution is by far the most generous
document granting unprecedented powers to federal institutions like CCI.
CHAPTER
2
Council of Common Interests:
th
Pre- 18 Amendment Scenario
Institutional Analysis of
Council of Common Interests (CCI)
15
This chapter will briefly trace the creation and functioning of Council of Common
Interests since 1973. It will refer to constitutional provisions to highlight the roles and
responsibilities set by the Constitution. The functioning of this key institution, including
its shortcomings will also be discussed here.
1.
The CCI from its creation in 1973 was a step ahead of the provincial autonomy laid
out in the contemporary Constitutions in other federations.
Composition of the Council
2.
According to the Article 153 (Annex-C) of the Constitution:
(1). There shall be a Council of Common Interests, in this Chapter referred to as
the Council, to be appointed by the President.
(2).
The members of the Council shall be __
(a)
the Chief Ministers of the Provinces, and
(b)
an equal number of members from the Federal Government to be
nominated by the Prime Minister from time to time.
(3).
The Prime Minister, if he is a member of the Council, shall be the Chairman
of the Council but, if at any time he is not a member, the President may
nominate a Federal Minister who is a member of the Council to be its
Chairman.
(4).
The Council shall be responsible to Parliament.”5
Functions of the Council
3.
4.
5.
5
6
Article 154 (Annex-C) of the 1973 Constitution provided that the Council shall
formulate and regulate policies in relation to the matters in Part-II of the Federal
Legislative List and shall exercise supervision and control over related institutions.
The Council had similar jurisdiction in the matter of Electricity (Entry 34 of the
Concurrent Legislative List), in so far as it was in relation to the affairs of the
Federation.
The subject of Electricity, covered in the Concurrent Legislative List, became both
a Federal as well as a Provincial subject. Article 157 (Annex-C), however
separately defined the domain of Federal and Provincial Governments on the
question of Electricity.
Further elaboration of Federal Government's powers in the domain of electricity
generation is provided in Article 157. According to Clause (1) of the said Article,
“the Federal Government may in any Province construct or cause to be
constructed hydro-electric or thermal power installations or grid stations for the
generation of electricity and lay or cause to be laid inter-Provincial transmission
lines.”6
The 1973 Constitution.
The 1973 Constitution.
16
6.
7.
8.
9.
10.
8
Institutional Analysis of
Council of Common Interests (CCI)
Clause (2) of the Article 157 provided that “the Government of a Province may
(a)
to the extent electricity is supplied to that Province from the national grid,
require supply to be made in bulk for transmission and distribution within
the Province;
(b)
levy tax on consumption of electricity within the Province;
(c)
construct power houses and grid stations and lay transmission lines for use
within the Province; and
(d)
determine the tariff for distribution of electricity within the Province”.
Jurisdiction of the CCI in the matter of Electricity was thus restricted to the matters
mentioned in paragraph 5 supra and not to those in paragraph 6 above.
The subjects mentioned in Part-II of the Federal Legislative List over which CCI
had mandate to formulate and regulate policies included:(1)
Railways.
(2)
Mineral oil and natural gas; liquids and substances declared by Federal law
to be dangerously inflammable.
(3)
Development of industries, where development under Federal control is
declared by Federal law to be expedient in the public interest; institutions,
establishments, bodies and corporations administered or managed by the
Federal Government immediately before the commencing day, including
the West Pakistan Water and Power Development Authority and the West
Pakistan Industrial Development Corporation; all undertakings, projects
and schemes of such institutions, establishments, bodies and corporations,
industries, projects and undertakings owned wholly or partially by the
Federation or by a corporation set up by the Federation.
(4)
Council of Common Interests.
(5)
Fees in respect of any of the matters in this Part but not including fees taken
in any court.
(6)
Offenses against laws with respect to any of the matters in this Part.
(7)
Inquiries and statistics for the purposes of any of the matters in this Part.
(8)
Matters incidental or ancillary to any matters enumerated in this Part.8
Other functions which the Council was authorized to perform were:a)
framing its own Rules of Procedure unless provision in this regard was
made by an Act of Parliament (Clause 2 of Article 154) (Annex-C).
b)
to act in accordance with the directions of the Parliament given in a joint
sitting generally or in a particular matter (Clause 4 of Article 154) (Annex-C).
c)
entertain complaints as to interference with water supplies (Article 155)
(Annex-C).
Article 155, reproduced below gave the detailed procedure to be followed in case
of complaints as to interference with water supplies. It stated:“(1) If the interests of a Province, the Federal Capital or the Federally
Administered Tribal Areas, or any of the inhabitants thereof, in water from
The 1973 Constitution.
Institutional Analysis of
Council of Common Interests (CCI)
17
any natural source of supply have been or are likely to be affected
prejudicially by(a)
any executive act or legislation taken or passed or proposed to be
taken or passed; or
(b)
the failure of any authority to exercise any of its powers with respect
to the use and distribution or control of water from that source;
(2)
(3)
(4)
(5)
(6)
11.
Responsibility of the Council to the Parliament
i)
ii)
iii)
9
the Federal Government or the Provincial Government concerned may
make a complaint in writing to the Council
Upon receiving such complaint, the Council shall, after having considered
the matter, either give its decision or request the President to appoint a
commission consisting of such persons having special knowledge and
experience in irrigation, engineering, administration, finance or law as he
may think fit, hereinafter referred to as the Commission.
Until Parliament makes provision by law in this behalf, the provisions of
the Pakistan Commissions of Inquiry Act, 1956 (VI of 1956), as in force
immediately before the commencing day shall apply to the Council or the
Commission as if the Council or the Commission were a commission
appointed under that Act to which all the provisions of section 5 thereof
applied and upon which the power contemplated by section 10-A thereof
had been conferred.
After considering the report and supplementary report, if any, of the
Commission, the Council shall record its decision on all matters referred to
the Commission.
Notwithstanding any law to the contrary, but subject to the provisions of
clause (5) of Article 154, it shall be the duty of the Federal Government and
the Provincial Government concerned in the matter in issue to give effect to
the decision of the Council faithfully according to its terms and tenor.
No proceeding shall lie before any court at the instance of any party to a
matter which is or has been in issue before the Council, or of any person
whatsoever, in respect of a matter which is actually or has been or might or
ought to have been a proper subject of complaint to the Council under this
9
Article.”
Article 153 (Clause 4 Annex-C) made the CCI responsible to the Parliament.
It stated that:
Parliament could by law make provisions for Rules of Procedure of the
Council (Clause 3 of Article 154) (Annex-C)
Parliament in joint sitting by resolution could issue directions to the
The 1973 Constitution.
Institutional Analysis of
18
iv)
Council of Common Interests (CCI)
Council generally or in a particular matter to take action as Parliament may
deem just and proper. Such directions of the Parliament were binding on
the Council (Clause 4 of Article 154) (Annex-C)
Parliament in joint sitting could decide the references made to it by the
Federal Government or Provincial Governments against the decisions of the
Council. Decision of the Parliament in this behalf was final. (Clause 5 of
Article 154).
Rules of Business, 1973
12.
13.
14.
Rules of Business, 1973 of the Federal Government were drafted under Articles 90
and 99 (Annex-C) of the 1973 Constitution. All Secretariat work for the Cabinet,
Council of Common Interests, Inter Provincial Conference, National Economic
Council and their Committees was assigned to the Cabinet Division as per entry at
Serial No.1 under Cabinet Division in Schedule-II to the Rules of Business
(Annex-D).
The fora of Cabinet, CCI and National Economic Council were mentioned in
various provisions of the Constitution but there was no mention of Inter Provincial
Conference. It can be speculated that this forum is an amended version of the
Governor's Conference mentioned in the Rules of Business (1962) framed under
the 1962 Constitution.
Rules 21 and 22 (Annex-D) of the Rules of Business, 1973 separately prescribed the
procedure regarding Inter Provincial Conference and National Economic Council.
Rule 21 of the said Rules as was in vogue at that time read as follows:-
Procedure regarding Inter-Provincial Conference:
(1)
Meetings of the Inter-Provincial Conference shall be convened by the
Cabinet Division under the directions of the Prime Minister who shall
preside at the meetings.
(2)
Only cases of major importance which require policy decision and mutual
discussion between the Federal and the Provincial Governments shall be
brought before the Inter-Provincial Conference.
(3)
The Federal and Provincial Ministers and officials of the concerned
Divisions and of the Provincial Governments may be associated with the
deliberations of the Conference as and when considered necessary.
(4)
The provisions of rules 18 and 20 shall apply mutatis mutandis to the
manner of submission of cases to, and the procedure for the meetings of,
the Inter-Provincial Conference except that the summary shall reach the
Cabinet Division at least 21 days in advance of the commencement of the
Conference.
(5)
Other instructions regarding the submission of cases to the Conference shall
be issued by Cabinet Division.”10
10
The 1973 Constitution.
Institutional Analysis of
Council of Common Interests (CCI)
19
Rules of Procedure of CCI
15.
16.
17.
The procedure regarding meetings of the CCI was not mentioned in the above said
Rules, either due to simple omission or because of the provision in Clause 2 of
Article 154 whereby the Council could make its own Rules of Procedure till the
framing of law on the subject by the Parliament.
CCI framed its Rules of Procedure in its fourth meeting held in January, 1991. For
a copy of these Rules see Annex-E.
These procedures were duly followed and most of the subjects discussed in the
first three meetings of CCI mostly pertained Rule 21 of the Rules of Business 1973.
List of subject discussed in the first three meetings of CCI is given below which
indicates that only a few of these subject were those that were directly linked to
the constitutional mandate of CCI:
1st Meeting - 7 – 9 August 1975
1
General review of political and economic situation in Punjab, Sindh, NWFP and
Balochistan
2
Incidents of bomb explosions; criminal tampering of railway tracks and robberies
in running trains
3
Tightening of security arrangements at all airports in the country
4
Sindo Desh movement
5
Situation in tribal areas
6
Corruption
7
Problems of food scarcity in Pakistan
8
Matters relating to the Pat Feeder Area
9
Subvention for improvement of small cities and towns
10
Nomination to local bodies
11
Anti Bradri Law
12
Junior Revenue Courts
13
Agriculture Enquiry Committee Report
2nd Meeting – 27 -28 December 1975
1
Law and order situation in Punjab, Sindh, NWFP and Balochistan
2
Local bodies elections
3
Review of population planning program and policies
4
Measures to enhance efficiency of public sector road transport in various Provinces
5
Strategic communications roads – railways and bridges
Institutional Analysis of
20
Council of Common Interests (CCI)
6
First Annual Interim Report of the Council of Islamic Ideology – Guidelines to be
given to the Federal and Provincial Governments
7
Developing administrative staff associations of academic institutions
8
Admission of the children of the Defence services personnel in educational
institutions including medical and professional colleges in all the provinces of
Pakistan irrespective of their place of domicile
9
Cotton power loom crisis
10
Proposal to restrict rationing system to low income group
11
Restriction on number of guests on wedding parties
3rd Meeting – 31 December 1976
1
Setting up a commission on division and sharing of water from the Indus river
system
2
Teaching allowance for teachers
3
Elections of High Court Bar Association
4
Punjab Housing facilities for non-proprietors in rural areas Act, 1975.
5
Use of sirens
6
Television programs
7
Wireless sets
18.
19.
A deeper look into the above subjects reveals that these were mostly the matters
where the assistance of Provincial Governments was required for implementation
of Federal responsibilities or where the Federal Government deemed it fit to give
directions to the Provinces.
Rules of Procedure for CCI framed in 1991 (Annex-E) helped in restricting the
subject matters brought before CCI to only those as were covered by the mandate
of CCI given in the Constitution.
Issues discussed in CCI
20.
List of subjects discussed in the fourth to eleventh meeting of CCI is given below:4th Meeting – 12 January 1991
1
The Rules of Procedure of the CCI
2
Payment of net profit of electricity from hydel generation to the Provinces
3
Apportionment of Indus Waters to the four Provinces.
5th Meeting – 21 March 1991
1
Division and sharing of Indus Waters between the four Provinces
Institutional Analysis of
Council of Common Interests (CCI)
21
6th Meeting – 16 September 1991
1
Post- Indus Water Accord policies
2
Indus River System Authority
3
New irrigation projects and programme
4
Integrated water and hydro power development
7th Meeting – 12 September 1993
1
Privatization of WAPDA and amendment of WAPDA Act, 1958
8th Meeting – 29 May 1997
1
Privatization of utilities and other state owned entities
9th Meeting – 9 May 1998
1
Briefing on the National Water Resources Development Programme (NWRDP)
10th Meeting – 22 December 1998
1
Further amendments to the WAPDA Act of 1958
11th Meeting – 2 August, 2006
1
Privatization Programme
Meetings of the Council
21.
Following is the date-wise description of the first eleven meetings of CCI. The
record indicates huge gaps in time when there was no CCI meeting for up to
fifteen years.
1st meeting
2nd meeting
3rd meeting
4th meeting
5th meeting
6th meeting
7th meeting
8th meeting
9th meeting
10th meeting
11th meeting
22.
August 7 - 9, 1975
December 27-28, 1975
December 31, 1976
January 12, 1991
March 21, 1991
September 16, 1991
September 12, 1993
May 29, 1997
May 9, 1998
December 22, 1998
August 6, 2006
The official policies of not convening the CCI were visible in both democratic and
authoritarian periods in Pakistan. Some of the democratic governments in this
period also did not show great respect for this constitutionally founded intergovernmental forum.
22
Institutional Analysis of
Council of Common Interests (CCI)
The Constitution and re-constitution of CCI
23.
24.
25.
The CCI was constituted and reconstituted seventeen times since 1973 prior to the
passage of the 2010 Eighteenth Amendment. The changes in the composition of
CCI were made by all the Governments in power during the course of time,
mainly as an effort to enhance provincial representation in CCI. This at times, was
done in view of the changed portfolios of the Ministers hailing from different
Provinces or depending upon the provincial background of the nominated
Chairman of CCI. While nominating the chair of CCI, individual qualities such as
the ability to conduct the proceedings of CCI smoothly and get the desired
decisions through by developing consensus in the meetings, were also given
consideration.
The composition of the Council at different periods of time is given in Annex-F.
This indicates that thirteen out of seventeen times since its inception, the Council
was headed by the Prime Minister or Chief Martial Law Administrator. On the
remaining four occasions, a Federal Minister chaired the CCI.
The constitution and re-constitution of CCI mentioned above was done amongst
others to meet the constitutional obligation of establishing the Council. This factor
did not in any way ensure the holding of frequent ad regular meetings of the
Council. Unfortunately, in thirty seven long years (1973-2010) this important
federal institution was convened only eleven times.
This chapter attempted to describe the creation and evolution of CCI since 1973.
Various dimensions of Council's functioning including drafting of its Rules of
Procedure, functions and responsibilities have been described in this chapter.
Moreover, an effort has also been made to examine CCI's operationalization before
the passage of 18th Amendment. Policies of relative disregard pursued by civil
and military regimes in Pakistan towards this Council have also been discussed.
CHAPTER
3
Council of Common Interests:
th
Post-18 Amendment Scenario
Institutional Analysis of
Council of Common Interests (CCI)
25
This chapter will further explore the legal, administrative and financial changes brought
into the functioning of CCI. An effort will be made to discuss relevant constitutional
provisions in detail. It will also look at the working of the Council in the post-18th
Amendment phase.
1.
The 18th Amendment Act of 2010 was an exercise in comprehensive constitutional
reform in Pakistan. Besides revising various clauses of the Constitution, it also
amended Articles 153, 154, 155 and 157 of the Constitution pertaining to the
composition, functions and mandate of CCI. The following paragraphs will
discuss the post-18th Amendment content of these Articles:
Council of Common Interests
2.
153.(1)There shall be a Council of Common Interests, in this Chapter
referred to as the Council, to be appointed by the President.
(2).
The Council shall consist of (a)
the Prime Minister who shall be the Chairman of the Council;
(b)
the Chief Ministers of the Provinces; and
(c)
three members from the Federal Government to be nominated
by the Prime Minister from time to time.
(3).
[Omitted]
(4).
The Council shall be responsible to {Majlis-e-Shoora (Parliament)}and shall
submit an Annual Report to both Houses of Majlis-e-Shoora (Parliament).11
Functions and Rules of Procedure
3.
11
154.(1)The Council shall formulate and regulate policies in relation to matters in
Part II of the Federal Legislative List and shall exercise supervision and
control over related institutions.
2.
The Council shall be constituted within thirty days of the Prime Minister
taking oath of office.
3.
The Council shall have a permanent Secretariat and shall meet at least once
in ninety days. The Prime Minister may also convene an emergency
meeting if requested by the Province to discuss an urgent matter.
4.
The decisions of the Council shall be expressed in terms of the opinion of
the majority.
5.
Until [Majlis-e-Shoora (Parliament)] makes provision by law in this behalf,
the Council may make its own Rules of Procedure.
6.
[Majlis-e-Shoora (Parliament)] in joint sitting may from time to time by
resolution issue directions through the Federal Government to the Council
generally or in a particular matter to take action as [Majlis-e-Shoora
(Parliament)] may deem just and proper and such directions shall be
The 18th Amendment Act, 2010.
Institutional Analysis of
26
7.
Council of Common Interests (CCI)
binding on the Council.
If the Federal Government or a Provincial Government is dissatisfied with
a decision of the Council, it may refer the matter to {Majlis-e-Shoora
(Parliament)}in a joint sitting whose decision in this behalf shall be final.12
Complaints about interference with water supplies
4.
12
Article 155 - (1) If the interests of a Province, the Federal Capital or the Federally
Administered Tribal Areas, or any of the inhabitants thereof, in water from
any natural source of supply (or reservoir) have been or are likely to be
affected prejudicially by(a)
any executive act or legislation taken or passed or proposed to be
taken or passed; or
(b)
the failure of any authority to exercise any of its powers with respect
to the use and distribution or control of water from that source;
the Federal Government or the Provincial Government concerned
may make a complaint in writing to the Council.
(2)
Upon receiving such complaint, the Council shall, after having considered
the matter, either give its decision or request the President to appoint a
commission consisting of such persons having special knowledge and
experience in irrigation, engineering, administration, finance or law as he
may think fit, hereinafter referred to as the Commission.
(3)
Until [Majlis-e-Shoora (Parliament)] makes provision by law in this behalf,
the provisions of the Pakistan Commissions of Inquiry Act, 1956, as in force
immediately before the commencing day shall apply to the Council or the
Commission as if the Council or the Commission were a commission
appointed under that Act to which all the provisions of section 5 thereof
applied and upon which the power contemplated by section 10A thereof
had been conferred.
(4)
After considering the report and supplementary report, if any, of the
Commission, the Council shall record its decision on all matters referred to
the Commission.
(5)
Notwithstanding any law to the contrary, but subject to the provisions of
clause (5) of Article 154, it shall be the duty of the Federal Government and
the Provincial Government concerned in the matter in issue to give effect to
the decision of the Council faithfully according to its terms and tenor.
(6)
No proceeding shall lie before any court at the instance of any party to a
matter which is or has been in issue before the Council, or of any person
whatsoever, in respect of a matter which is actually or has been or might or
ought to have been a proper subject of complaint to the Council under this
Article.13
The 18th Amendment Act, 2010.
The 18th Amendment Act, 2010.
13
Institutional Analysis of
Council of Common Interests (CCI)
27
Electricity
5.
Article 157. (1) The Federal Government may in any Province construct or cause to
be constructed hydro-electric or thermal power installations or grid stations
for the generation of electricity and lay or cause to be laid inter-Provincial
transmission lines.
[Provided that the Federal Government, prior to taking a decision to
construct or cause to be constructed, hydro-electric power stations in any
Province, shall consult the Provincial Government concerned.]
(2)
The Government of a Province may (a)
to the extent electricity is supplied to that Province from the national
grid, require supply to be made in bulk for transmission and
distribution within the Province;
(b)
levy tax on consumption of electricity within the Province;
(c)
construct power houses and grid stations and lay transmission lines
for use within the Province; and
(d)
determine the tariff for distribution of electricity within the Province.
(3)
In case of any dispute between the Federal Government and a Provincial
Government in respect of any matter under this Article, any of the said
Governments may move the Council of Common Interests for resolution of
the dispute.14
Federal Legislative List (Part-II)
6.
7.
14
The list of subjects in Part-II of the Federal Legislative List was also enlarged
through the 18th Amendment where number of subjects was increased from eight
to eighteen. One of the ten new subjects added to the Part-II of FLL was that of
electricity. Prior to the passage of the 18th Amendment, this subject was already
included in the domain of CCI.
New list of subjects under Part-II of the Federal Legislative List is reproduced
below:(1)
Railways;
(2)
Mineral oil and natural gas, liquids and substances declared by Federal law
to be dangerously inflammable;
(3)
Development of industries, where development under Federal control is
declared by Federal law to be expedient in the public interest; institutions,
establishments, bodies and corporations administered or managed by the
Federal Government immediately before the commencing day, including
Water and Power Development Authority and Pakistan Industrial
Development Corporation and all undertakings, projects and schemes of
such institutions, establishments, bodies and corporations; industries,
The 18th Amendment Act, 2010.
Institutional Analysis of
28
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
Council of Common Interests (CCI)
projects and undertakings owned wholly or partially by the Federation or
by a corporation set up by the Federation;
Electricity;
Major ports, that is to say, the declaration and delimitation of such ports,
and the constitution and powers of port authorities therein;
All regulatory authorities established under a Federal law;
National planning and national economic coordination including planning
and coordination of scientific and technological research;
Supervision and management of public debt;
Census;
Extension of the powers and jurisdiction of members of a police force
belonging to any Province to any area in another Province, but not so as to
enable the police of one Province to exercise powers and jurisdiction in
another Province without the consent of the Government of that Province;
extension of the powers and jurisdiction of members of a police force
belonging to any Province to railway areas outside that Province;
Legal, medical and other professions;
Standards in institutions for higher education and research, scientific and
technical institutions;
Inter-provincial matters and co-ordination;
Council of Common Interests;
Fees in respect of any of the matters in this Part but not including fees taken
in any court;
Offenses against laws with respect to any of the matters in this Part;
Inquiries and statistics for the purposes of any of the matters in this Part;
Matters incidental or ancillary to any matters enumerated in this Part.15
Changes made through the 18th Amendment
Article 153
8.
9.
10.
15
Previously the Council was composed of four Federal Ministers and four Chief
Ministers. Prime Minister, if he was one of the members of the Council was to act
as Chairman of the Council. If the Prime Minister was not the member of the
Council, the President while appointing the Council's members could nominate
one of the Federal Minister or a member of the Council to act as its Chairman.
After 18th Amendment, the Prime Minister has to be the Chairman of the Council.
No Federal Minister can act or be appointed as the Chairman of the Council.
The Council prior to the 18th Amendment was responsible to the Majlis-e-Shoora
(Parliament) but how that responsibility was to be carried out was not elaborated.
After the 18th Amendment, the Council is required to submit its Annual Report to
both Houses of the Parliament. Two Annual Reports of the Council for the years
The 18th Amendment Act, 2010.
Institutional Analysis of
Council of Common Interests (CCI)
29
2011 and 2012 have been presented to the Parliament so far. Annual Report for the
year 2013 is being prepared in the Secretariat of the Council of Common Interests
(IPC Division) and will be presented to the Parliament in due course of time.
Article 154
11.
12.
13.
14.
15.
16.
17.
18.
List of subjects in Federal Legislative List (Part-II) was enlarged and the number of
entries in that list was increased from eight to eighteen. New list of subjects is
described in preceding pages (para 49).
In the pre-18th Amendment period, the President was obligated to constitute the
CCI but there was no fixed time frame given. The Council was often constituted
rather irregularly by both democratic and autocratic governments. The only
exception was the period 1999-2006 when the CCI was never constituted or
convened. The 18th Amendment has now made it binding for the Prime Minister
to constitute CCI within first thirty days of coming into the office.
The Prime Minister can now convene the meetings of the Council after being
requested by a Province on an urgent matter. Previously meetings were convened
only when the Chairman of the Council considered it necessary.
The 18th Amendment has taken measures to further institutionalize the CCI. An
important step in this regard is the founding of permanent Secretariat. In addition,
CCI is obligated to meet at least once in ninety days.
CCI's new Rules of Procedure were codified with the approval of CCI in July 2010
(Annex-G). These Rules while calling for setting up of permanent Secretariat also
provided that till the time its own Secretariat is set up, Inter Provincial
Coordination Division shall act as its Secretariat and till the time its Secretary is
appointed, Secretary IPC Division shall act as Secretary of the Council.
Clause 5 of Article 154 provided that until Majlis-e-Shoora (Parliament) made
provisions by law on its behalf, the Council could make its own Rules of
Procedure. In the four decades since inception of the Constitution in 1973, no law
on the subject has been framed and the Council is functioning under its own Rules
of Procedure. Since 1973, the CCI has operated under rules that itself drafted first
in 1991 and then on 18th July, 2010 following the passage of 18th Amendment.
According to clause 6 (numbered 4 before the 18th Amendment) of Article 154, the
CCI was to receive guidance through resolution passed in the joint sitting of
Majlis-e-Shoora (Parliament). No such direction has ever been given to the Council
by the Parliament throughout history. This holds true for both pre and post-18th
Amendment phases.
Under Clause 5 (renumbered 7 in the 18th Amendment), the Federal or a
Provincial Government, if dissatisfied with the decision of the Council could refer
the matter to Parliament in a joint sitting. No such reference has ever been made
by any Federal or Provincial Governments to the Parliament against any of the
decisions of the Council.
30
Institutional Analysis of
Council of Common Interests (CCI)
Article 155
19.
Prior to the passage of the 18th Amendment, the complaints as to interference with
water supplies from any “natural source' which were likely to be prejudicially
affected by administrative or legislative acts of any authority could be brought
before the Council by Federal or Provincial Governments. Expanding the scope of
powers of CCI on water disputes, the 18th Amendment now allows for airing of
complaints concerning water rights from any “reservoir” likely to be affected by
any administrative or legal act of any Government to be brought to the Council.
Article 157
20.
After the passage of the 18th Amendment, the Federal Government is obligated to
consult the concerned provincial Government prior to taking a decision to
construct or cause to be constructed a hydro electric power station in that Province
.Under Article 157(2) the Federation or the Provinces can move the Council for
resolution of any dispute between them under this Article.
Federal Legislative List Part-II
21.
22.
Out of eighteen entries now given in the Federal Legislative List (Part-II), four
entries (no.15 -18) which in the previous list numbered five to eight pertain to:(a)
Fees in respect of any of the matters in this Part but not including fees taken
in any court.
(b)
Offenses against laws with respect to any of the matters in this Part.
(c)
Inquiries and statistics for the purposes of any of the matters in this Part.
(d)
Matters incidental or ancillary to any matters enumerated in this Part.
The above entries were not independent subjects but related to other fourteen
subjects mentioned in Part-II of FLL. The number of subjects now in the domain of
CCI is in fact fourteen.
Following ten new entries have been made in Part-II of FLL:(1)
Electricity;
(2)
Major ports, that is to say, the declaration and delimitation of such
ports, and the constitution and powers of port authorities therein;
(3)
All regulatory authorities established under a Federal law;
(4)
National planning and national economic coordination including planning
and coordination of scientific and technological research;
(5)
Supervision and management of public debt;
(6)
Census;
(7)
Extension of the powers and jurisdiction of members of a police force
belonging to any Province to any area in another Province, but not so as to
enable the police of one Province to exercise powers and jurisdiction in
Institutional Analysis of
Council of Common Interests (CCI)
23.
24.
25.
31
another Province without the consent of the Government of that Province;
extension of the powers and jurisdiction of members of a police force
belonging to any Province to railway areas outside that Province;
(8)
Legal, medical and other professions;
(9)
Standards in institutions for higher education and research, scientific and
technical institutions;
(10) Inter-provincial matters and co-ordination;16
Out of ten entries mentioned above, following four subjects have been moved
from Part-I to Part-II of the Federal Legislative List:
(1)
Major ports, that is to say, the declaration and delimitation of such ports,
and the constitution and powers of port authorities therein;
(2)
National planning and national economic coordination including planning
and coordination of scientific and technological research;
(3)
Census;
(4)
Extension of the powers and jurisdiction of members of a police force
belonging to any Province to any area in another Province, but not so as to
enable the police of one Province to exercise powers and jurisdiction in
another Province without the consent of the Government of that Province;
extension of the powers and jurisdiction of members of a police force
belonging to any Province to railway areas outside that Province;
Following subjects earlier appeared in the erstwhile Concurrent Legislative List:
(1)
Electricity;
(2)
Legal, medical and other professions;
After the 18th Amendment, following new subjects were added to the Part-II of
the FLL:
(1)
All regulatory authorities established under a Federal law.
(2)
Supervision and management of public debt.
(3)
Standards in institutions for higher education and research, scientific and
technical institutions.
(4)
Inter-Provincial matters and Coordination.
Meetings of the Council
26.
Since the enactment of the 18th Amendment in 2010, thirteen meetings of the
Council have so far been held. Dates on which these meetings were held are also
mentioned below:
(1)
(2)
(3)
(4)
(5)
16
12th meeting
13th meeting
14th meeting
15th meeting
16th meeting
See the 18th Amendment Act 2010.
July 18, 2010
September 6, 2010
November 8, 2010
February 1, 2011
April 28, 2011
Institutional Analysis of
32
Council of Common Interests (CCI)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
27.
17th meeting
18th meeting
19th meeting
20th meeting
21st meeting
22nd meeting
23rd meeting
24th meeting
June 1, 2011
August 27, 2011
February 9, 2012
August 8, 2012
November 8, 2012
January 23, 2013
July 23, 2013
July 31, 2013
In the post-18th Amendment, the constitutional requirements of holding regular
meetings has been followed. The first seven meetings of the revamped CCI were
held keeping in mind the ninety-day clause. There was a gap of about six month
each between seventh, eighth and ninth meetings. There was also a gap of six
months between eleventh and twelfth meetings of the Council
Matters discussed in CCI
28.
Several new issues have been brought to CCI since its re-activation after the
passage of the 18th Amendment. Following is a list of issues discussed in CCI
since 2010:
12th Meeting – July 18, 2010
1
Rules of Procedure of Council of Common Interests, 2010
2
Implementation of the Eighteenth Amendment.
3
NEPRA's Annual Report, 2008-09 and State of Industry Report, 2009.
4
Intellectual Property Organization of Pakistan (IPO-Pakistan)'s issues.
5
National consensus for construction of Diamer Basha Dam Project.
6
Tharcoal Project
7
Working of Railways
8
Population Census
13th Meeting - September 6, 2010
1
Flood crisis and strategies to deal with it with a focus on relief, rehabilitation and
reconstruction plans
14th Meeting – November 8, 2010
1
Damage and Needs Assessment (DNA) and External Assistance for Floods
Institutional Analysis of
Council of Common Interests (CCI)
2
Implementation mechanism and post-flood reconstruction
3
6th Population and Housing Census
4
Special Economic Zones Bill, 2010
5
Regulation of generation, transmission and distribution of electric power
(Amendment) Bill, 2010
6
Sugar availability
33
15th Meeting – February 1, 2011
1
Financing for the organizations and projects transferred to the Provinces.
2
Tight Gas (Exploration & Production) Policy, 2011
3
Subsidy on agricultural tube wells
4
Management and outsourcing of power sector entities through Public Private
Partnership (PPP) Mode.
16th Meeting – April 28, 2011
1
Report on implementation of Council of Common Interests (CCI) Decisions
2
NEPRA's Annual Report 2009-10 and State of Industry Report 2010
3
Regulation of Generation, Transmission and Distribution of Electric Power
(Amendment) Bill, 2010.
4
Approval for negotiations and signing of Memorandum of Understanding on
Cooperation between Korea Rail Road Corporation (Korail), Republic of Korea and
Pakistan Railways, Ministry of Railways, Government of Pakistan
5
Privatization of Power Sector Entities
6
Dispute arising from the interpretation of Article 157 of the Constitution by the
Federation and appropriate amendment in the policy for power generation
projects (2002) so as to bring it in line with the letter and spirit of the said Article.
7
Funding for devolved organizations, institutions and departments and Projects of
defunct ministries and divisions beyond 30th June, 2011
8
Devolution of National Education Foundation (NEF) and National Commission for
Human Development (NCHD).
9
Private Power and Infrastructure Board (PPIB) Bill, 2010
17th Meeting - June 1, 2011
1
Harmonization of Agriculture Income Tax Policy in the provinces
2
Revenues of Regulatory Authorities of Federal Government
3
Approval of Draft Securities and Exchange Commission of Pakistan Bill, 2011
4
Devolution of National Education Foundation (NEF) and National Commission for
Human Development (NCHD)
34
Institutional Analysis of
Council of Common Interests (CCI)
5
Allocation of Water for Islamabad and Rawalpindi
6
Financial Autonomy of Indus River System Authority
7
Policy Guidelines for Power Generation through Small Independent Power
Projects (SIPPs) below 50 MW Capacity
8
Allocation of Water for AJ&K for drinking and irrigation purposes.
18th Meeting - August 27, 2011
1
Approval of the Council of Common Interests of Pakistan for Special Economic
Zones Bill, 2011
2
Distribution of Zakat Funds to Federal Areas and Provinces and Distribution of
Arrears of un-utilized Zakat Funds claimed by the Provinces
3
Co-financing of Citizens' Damage Compensation Programme-II
4
Public Debt Management and Supervision Policy
5
Gas Infrastructure Development Levy for laying gas pipelines to import gas
through pipelines, LNG and other projects
6
Privatisation of Power Sector Entities
7
Sixth Population and Housing Census
19th Meeting - February 9, 2012
1
Annual Report of the Council of Common Interests (CCI) for the Year 2010-11
2
Report on implementation of Council of Common Interests (CCI) Decisions
3
Amendments in PPRA Ordinance, 2002 through Public Procurement Regulatory
Authority (Amendment) Bill, 2011
4
Financial crunch faced by Population Welfare Department, Punjab
5
National Science, Technology & Innovation Policy – 2012
6
Approval of Petroleum Exploration and Production Policy 2012
7
Financial Autonomy of Indus River System Authority
20th Meeting - August 8, 2012
1
Report on Implementation of Council of Common Interests (CCI) Decisions
2
Equitable distribution of Electricity throughout the country
3
Approval of Petroleum (Exploration & Production) Policy, 2012
4
Approval of National Mineral Policy, 2012
21st Meeting - November 8, 2012
1
Annual Report of the Council of Common Interests for the year 2011-12
2
Report on Implementation of Council of Common Interests decisions
3
Setting up of the Committee of the Council of Common Interests (CCI)
Institutional Analysis of
35
Council of Common Interests (CCI)
4
Working and Functioning of National Electric Power Regulatory Authority
(NEPRA)
5
Jurisdiction of the Council of Common Interests (CCI) vis-à-vis the Intellectual
Property Organization of Pakistan (IPO-Pakistan)
6
Renaming of Ministry of Professional and Technical Training as Ministry of
Education and Trainings
7
Provincial representation in Federal Entities
8
Approval of National Mineral Policy – 2012
9
Equitable distribution of electricity
10
Briefing on the working of Pakistan Railways
22nd Meeting - January 23, 2013
1
Status review of important decisions of the CCI meetings
2
Regularization of Lady Health Workers etc
3
Issue of non/delayed payments by sugar mill owners to sugarcane growers
4
Briefing on the working of Pakistan Railways
23rd Meeting – July 23, 2013
1
Briefing on the functioning of Council of Common Interests
2
National Energy (Power) Policy, 2013-2018
3
Inter-Provincial Transfers and Fiscal Discipline
24th Meeting – July 31, 2013
1
National Energy (Power) Policy, 2013-2018
2
Offences and penalties relating to electricity – Amendment in the PPC and Cr PC
3
Amendment in the Petroleum Policy, 2012
4
Draft Bill for enactment of the Gas (Theft Control & Recovery) Ordinance, 2013
5
Draft Bill for enactment of the Gas (Theft Control & Recovery) Ordinance, 2013
29.
Comparative position of number of meetings of CCI and the items brought before
the Council before and after the 18th Amendment and in later period is as under:Pre-18th Amendment Period Post-18th Amendment (April
(August 1973- April 2010) 2010- September 2013) about 37 years about 3 years Number of Meetings
11
12
Number of Items brought
before the Council
44
76
36
Institutional Analysis of
Council of Common Interests (CCI)
Permanent Secretariat of the Council
30.
31.
32.
33.
Rules of Business of 1973 provided that Cabinet Division was to act as the
Secretariat of the Council of Common Interests. The Council in its fourth meeting
held on 12th January 1991, authorized the establishment of a separate permanent
secretariat to be located in Islamabad. In the mean time while these changes were
taking place, the Cabinet Division was to continue to act as the Secretariat of the
Council.
The separate Secretariat for the CCI could not be established prior to the passage
of the 18th Amendment. Following new provision was added as Clause 3 to
Article 154:
“The Council shall have a permanent Secretariat and shall meet at least
once in ninety days”.
The fresh Rules of Procedure (Annex-G) framed under the 18th Amendment did
provide for a permanent secretariat of the Council. A proviso was, however,
added to this Rule which permitted Inter Provincial Coordination Division to act
as Secretariat of Council till such time a separate Secretariat was established.
The matter of separate Secretariat for the Council had been discussed in the
meetings of the Council as well but practically no concrete steps have yet been
taken in this regard.
This chapter has taken a detailed look into the substantive changes affecting the
working, institutionalization and scope of powers of the Council of Common
Interests following the passage of the 18th Amendment. It has been discovered
that the 18th Amendment has brought new life into the workings of the Council.
Since 2010, CCI has regularly been convened with few exceptions and has
frequently debated various issues brought to its attention thus fulfilling its
constitutional obligations.
CHAPTER
4
Amended Council of Common Interests:
An Appraisal
Institutional Analysis of
Council of Common Interests (CCI)
39
CCI: Rules of Procedure 2010
1.
2.
Clause 5 of Article 154 provided that “Until [Majlis-e-Shoora (Parliament)] makes
provision by law in this behalf, the Council may make its rules of procedure”. No
such law has been passed by the Parliament since 1973 to date. The Council
framed its Rules of Procedure first in 1991 (Annex-F) in its fourth meeting.
The Rules framed in 1991 needed exhaustive changes in view of amendments in
various Articles of the Constitution pertaining to composition and functions of the
Council through the 18th Amendment. New Rules of Procedure of CCI were
approved in its very first meeting in July, 2010. Copy of Rules of Procedure is
given in Annex-G.
Matters to be discussed by the Council
3.
The matters to be discussed by the Council are given in Articles 154,155 and 157 of
the Constitution and Part II of the Federal Legislative List. A detailed list of all
these matters was also added as Schedule I of Rules of Procedure, 2010, which is
reproduced below:
Schedule-I
CASES TO BE SUBMITTED TO THE COUNCIL
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Railways;
Mineral oil and natural gas, liquids and substances declared by Federal law
to be dangerously inflammable;
Development of industries, where development under Federal control is
declared by Federal law to be expedient in the public interest; institutions,
establishments, bodies and corporations administered or managed by the
Federal Government immediately before the commencing day, including
Water and Power Development Authority and Pakistan Industrial
Development Corporation and all undertakings, projects and schemes of
such institutions, establishments, bodies and corporations; industries,
projects and undertakings owned wholly or partially by the Federation or
by a corporation set up by the Federation;
Electricity;
Major ports, that is to say, the declaration and delimitation of such ports,
and the constitution and powers of port authorities therein;
All regulatory authorities established under a Federal law;
National planning and national economic coordination including planning
and coordination of scientific and technological research;
Supervision and management of public debt;
Census;
40
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
4.
Institutional Analysis of
Council of Common Interests (CCI)
Extension of the powers and jurisdiction of members of a police force
belonging to any Province to any area in another Province, but not so as to
enable the police of one Province to exercise powers and jurisdiction in
another Province without the consent of the Government of that Province;
extension of the powers and jurisdiction of members of a police force
belonging to any Province to railway areas outside that Province;
Legal, medical and other professions;
Standards in institutions for higher education and research, scientific and
technical institutions;
Inter-provincial matters and co-ordination;
Council of Common Interests;
Fees in respect of any of the matters specified in Part-II of the Federal
Legislative List but not including fees taken in any court;
Offenses against laws with respect to any of matters in Part-II of the
Federal Legislative List;
Inquiries and statistics for the purposes of any of the matters in Part-II of
the Federal Legislative List;
Matters incidental or ancillary to any matter enumerated in Part-II of the
Federal Legislative List;
Complaints as to interference with water supplies (Article 155);
Implementation of the directions given by the Parliament for action by the
Council under Article 154(6);
Submission of Annual Report to both Houses of Parliament (Article 153(4);
and
Resolution of disputes with respect to construction of Hydro electric station
in any Province (Article 157(3).”
Rules of Procedure 2010 define the role of the Secretariat of the Council; rules for
meetings; procedure for submission of cases; records of proceedings and process
of implementation of decisions of the Council. These are elaborated in the
succeeding paragraphs.
Role of the Secretariat of the Council
5.
Secretariat of Council is responsible for:i)
inviting the summaries from Ministries/Divisions of the Federation and the
Provinces on various items which fall under the purview of CCI,
ii)
scrutinizing the summaries with a view to ensuring that these pertains to
the subjects that fall in the domain of CCI, elaborated in Schedule-I to the
Rules of Procedure, 2010,
(iii) ensuring that the manner of submission of cases to the Council mentioned
in Rule 10 and elaborated in Schedule-II of Rules of Procedure, 2010, has
been followed,
Institutional Analysis of
Council of Common Interests (CCI)
41
(iv)
ensuring that the summary for the Council has been prepared in accordance
with Rule 10 and instructions contained in Schedule III to the Rules of
Procedure, 2010,
(v)
seeking the approval of Chairman under rule 5 (1) of Rules of Procedure for
the date, time and venue for the meeting,
(vi) issue notices under rule 7 of Rules of Procedure for the meeting to all
concerned, ordinarily at least ten working days in advance,
(vii) recording the minutes of the meetings and decisions taken by the Council,
(viii) circulating, under rule 6 to the Rules of Procedure, to the members, within
seven working days of the meeting, a copy of the minutes and decisions,
(ix)
supplying to the Secretary of the Division or the Chief Secretary concerned
for action a copy of the relevant decision,
(x)
monitoring the implementation of the decisions of the Council,
(xi). preparation of Annual Reports of the Council to be presented to the
Parliament.
Rules for the meeting of the Council
6.
Rules for the meeting of the Council are elaborated in Rule 5 that are reproduced
below:Meetings of the Council.- (1) The Chairman may summon the meetings of the
Council, to meet at such time and place as he thinks fit.
(2)
The Council shall meet at least once in ninety days: provided that the
Chairman may convene a meeting on the request of a Province on an urgent
matter.
(3)
The meetings of the Council shall be attended by its members.
(4)
The Chairman may permit any other Federal Minister, or a Provincial
Minister and any official to attend the meeting of the Council by special
invitation.
(5)
In a meeting of the Council, four members, shall form the quorum;
provided that at least two Chief Ministers are present provided further that
a matter relating to a Province shall not be discussed unless the Chief
Minister of that Province is present in the meeting.
(6)
No case shall be discussed nor any issue be raised in a meeting unless
summary relating to it has first been circulated provided that the Chairman
may dispense with this requirement in exceptional circumstances.
(7)
Notice for the meeting shall ordinarily be issued at least ten working days
in advance.
(8)
For inclusion in the agenda of a meeting summary relating to the case shall
reach the Secretary at least fifteen days in advance of the meeting provided
that, if a case is urgent and is required to be taken up at a short notice, the
Secretary of Division or Chief Secretary of the concerned Province shall
obtain approval of the Chairman for its inclusion in the agenda before it is
Institutional Analysis of
42
(9)
(10)
Council of Common Interests (CCI)
transmitted to the Secretary.
The Secretary of the Division or Chief Secretary of the Province concerned
shall attend the meeting of the Council for the purpose of the case relating
to his Division or Province. However, these officers may be asked to
withdraw from the meeting before the Council starts discussion on the
issue.
The decisions of the Council shall be expressed in terms of the opinion of
the majority.”17
Procedure for submission of cases to the Council
7.
Rule of Procedures (Rule 10) prescribes that manner of submission of cases before
the Council and preparation of summaries therefore, shall be as given in Schedule
II and Schedule III to these rules, respectively or as notified by the Secretariat from
time to time. Schedule II and Schedule III of the Rules are reproduced below:
Schedule-II
MANNER OF SUBMISSION OF CASES TO THE COUNCIL
1.
2.
3.
4.
5.
17
In respect of all cases to be submitted to the Council, Secretary of the
Division or Chief Secretary of the Province concerned, shall transmit to the
Secretary a concise, lucid and printed Summary, giving the background and
relevant facts, points for decision and recommendations of the Federal
Government or Provincial Government concerned, as the case may be.
The Summary shall be self-contained as far as possible, not exceeding two
printed pages and may include as appendices only such relevant papers as
are necessary for proper appreciation of the case.
Where a reference is made to a previous decision of the Council, the
decision of the Council shall invariably be reproduced in the Summary or
annexed to it.
Where a case concerns more than one Division or the Province, the
Summary shall normally not be submitted to the Council until it has been
considered by the Divisions and/or the Provinces concerned. In case of
difference of opinion, the point of difference should be stated in the
Summary.
The Provinces and the Divisions concerned of the Federal Government
should furnish their comments or views on the summaries for the Council
circulated for the purpose, within two weeks. The requirements of prior
consultation may be waived in very exceptional circumstances but the
Summary must, in that case, be sent to others concerned with the request to
The 18th Amendment Act 2010.
Institutional Analysis of
Council of Common Interests (CCI)
6.
43
send their views direct to the secretariat of the Council by a given date. The
secretariat would circulate the views, if received in time, along with or in
continuation of the Summary.
It shall be the duty of the Secretary to satisfy himself that the summary
submitted by the Federal or a Provincial Government is complete and in the
prescribed form. He may return a case until the requirements of these rules,
have been complied with.
Schedule-III
PREPARATION OF SUMMARIES AND DOCUMENT
A Summary for the Council shall include(a)
(b)
(c)
(d)
(e)
name of the sponsoring Division of the Federal Government or Department
of the Provincial Government;
subject of the case;
name and designation of the officer submitting the Summary
(Secretaries/Additional Secretaries-in-Charge of Divisions concerned in
case of Federal Government and Chief Secretaries in case of Provincial
Government);
place and date of submission; and
serial number.
(2)
The words "SUMMARY FOR THE COUNCIL OF COMMON
INTERESTS" shall invariably appear at a prominent place, above
"Subject". It shall be marked as "SECRET" at the top right corner on
first page.
(3)
All papers submitted to the Council shall be marked “SECRET” until
discussion on them has taken place in the meeting. Thereafter, unless
the Council has decided otherwise, the sponsoring Government shall
decide the de-classification of these documents under intimation to
the secretariat.
(4)
The members shall return to the Secretary (a)
the summaries supplied to them for decision by discussion in
a meeting of the Council or a Committee of the Council
immediately after the discussion has taken place; and
(b)
minutes and decisions circulated by the Secretary
immediately after they have perused them, but not later than
fifteen days.”
Records of proceedings
8.
Procedure for recording and circulation of minutes is provided in Rules 6 of the
44
Institutional Analysis of
Council of Common Interests (CCI)
Rules of Procedure, 2010 (reproduced below):
Circulation and confirmation of minutes and decisions: The Secretary
shall circulate to the members, within seven working days of the meeting, a
copy of the minutes and decisions of the Council for perusal. The members
shall return the aforesaid copy of the minutes and decisions to the Secretary
within fifteen working days of issue. The Secretary shall also supply to the
Secretary of the Division or the Chief Secretary of the Province concerned
for action, a copy of the relevant decision of the Council, and wherever
considered necessary, of the relevant excerpts of the points made during the
discussion.
Implementation of decisions
9.
Procedure regarding implementation of the decisions of the Council is given in
Rule 11 of the Rules of Procedure of CCI, 2010:
Implementation of decisions of the Council.- (1) When a case has been decided
by the Council, the Federal Government or Provincial Government
concerned shall take prompt action to give effect to the decision unless it
conveys its intention to make reference to the Parliament within fifteen
days of its communication.
(2)
When the decision of the Council is received by the Secretary of the
Division or the Chief Secretary of the concerned Province, he shall
(a)
acknowledge the receipt of the decision in the form provided;
(b)
transmit the decision to his Division or Department for action;
(c)
keep a register with him of the decisions received, for the purpose of
ensuring that prompt and complete action is taken on those
decisions; and
(d)
coordinate action with any other Division or a Province, which may
be concerned with the decision.
(3)
The Secretary shall monitor the implementation of decisions and the
Secretary of the Division or Chief Secretary of a Province concerned shall
supply to the Secretary such documents as the latter may, by general or
special request, require, enabling him to complete his record of the case and
to satisfy himself that the decision of the Council has been fully
implemented”.
CHAPTER
5
Conclusion
Institutional Analysis of
Council of Common Interests (CCI)
47
In light of the comprehensive changes brought by the 18th Amendment, it can be
argued that formulation and regulation of policy and exercise of supervision and control
over related institutions took these matters out of the domain of the Federal Government
and gave it to the Council. The Federal Government's role in these matters has thus been
marginalized.
But an opposing argument also needs to be taken into consideration. The 1973
Constitution provided for the establishment of parliamentary form of government and
acknowledged the supremacy of the Parliament. The Council itself was responsible to
the Parliament. The latter could also entertain the references of the Federal and the
Provincial Governments challenging the decisions of the Council. In addition,
Parliament could by law frame the Rules of Procedure of the Council and also issue
instructions in a joint session on any issue. Such instructions are binding on the Council.
Parliament has under Article 70 (Annex-C) powers to legislate on matters in the
Federal Legislative List, covering both Part-I and Part-II.
Extent of executive authority of the Federation as laid down in Article 97 (AnnexC) of the Constitution provided that “Subject to the Constitution, the executive authority
of the Federation shall extend to the matters with respect to which Parliament has power
to make laws, including exercise of rights, authority and jurisdiction in and in relation to
areas outside Pakistan provided that the said authority shall not, save as expressly
provided in the Constitution or in any law made by Parliament, extend in any Province
to a matter with respect to which the Provincial Assembly has also power to make
laws.”18
If any of the policy on the subjects mentioned in Part-II of the Federal Legislative
List, discussed and approved by the CCI needed implementation through framing of
rules or a law, the said rules or law has obviously to be framed/approved by the Federal
Government or the Parliament. The powers of CCI thus appear restricted to the
formulation and regulation of policy in the matters referred to in Part-II of the Federal
Legislative List and do not, in any way, restrict the administrative powers of the Federal
Government or the legislative powers of the Parliament in matters in FLL Part-II also.
A glance through history reveals that there are a number of subjects in Part II of
the Federal Legislative List on which discussions have never been held in the Council.
These include “legal, medical and other professions, standards in institutions for higher
education and research and major ports”. For many subjects, the discussions pertained
to peripheral issues pertaining to those matters, leaving the policies on the main subjects
aside.
18
The 1973 Constitution.
48
Institutional Analysis of
Council of Common Interests (CCI)
The Provinces have equal power as that of Federal Government in the composition
of the Council. They have been empowered to give their out put in policy options on
various Federal matters through CCI. So far the Provinces have stayed away from
demanding regular briefings to the Council by federation.
The CCI has complete autonomy in choosing the subject matter of its meetings.
Only the Council decides which issues are to be discussed. No other forum has
jurisdiction to decide as to what the Council should or should not consider.
The utility of the highest forum where consensus could be built between all the
provinces and the Federation, on many important matters does not seem to have been
fully exploited.
Annexure
Institutional Analysis of
Council of Common Interests (CCI)
51
Annex-A
Excerpts from Constitution of Islamic Republic of Pakistan, 1956
Article 106 --- (1) Notwithstanding anything in the two next succeeding clauses,
Parliament shall have exclusive power to make laws with respect to any of the matters
enumerated in the Federal List.
(2) Notwithstanding anything in clause (3), Parliament, and subject to clause (1) a
Provincial Legislature also, shall have power to make laws with respect to any of the
matters enumerated in the Concurrent List.
(3) Subject to clauses (1) and (2), a Provincial Legislature shall have exclusive
power to make laws for a Province or any part thereof with respect to any of the matters
enumerated in the Provincial List.
(4) Parliament shall have power to make laws with respect to matters enumerated
in the Provincial List, except for a Province or any part thereof.
……….
Article 109. Subject to the provisions of Articles 107 and 108, the Provincial
Legislature shall have exclusive power to make the laws with respect to any matter not
enumerated in any list in the Fifth Schedule, including any law imposing tax not
mentioned in any such list; and the executive authority of the Province shall extend to
the administration of any law so made.
……….
Article 118 (1) As soon as may be after the Constitution Day, and thereafter at
intervals not exceeding five years, the President shall constitute a National Finance
Commission consisting of the Minister of Finance of the Federal Government, the
Ministers of Finance of the Provincial Governments, and such other persons as may be
appointed by the President after consultation with the Governors of the Provinces.
(2)
It shall be the duty of the National Finance Commission to make
recommendations to the President as to (a)
the distribution between the Federation and the Provinces of the net
proceeds of the taxes mentioned in clause (3);
(b)
the making of grants-in-aid by the Federal Government to the
Governments of the Provinces;
(c)
the exercise by the Federal Government and Provincial Governments
of the borrowing powers conferred by the Constitution; and
(d)
any other matter relating to finance referred to the Commission by
the President.
Explanation. - In this Article "net proceeds" means, in relation to any tax, the
proceeds thereof reduced by the cost of collection.
52
Institutional Analysis of
Council of Common Interests (CCI)
(3)
The taxes referred to in paragraph (a) of clause (2) are following taxes raised
under the authority of Parliament namely:
(a)
export duty on jute and cotton, and any other specified export
duty;
(b)
taxes on income other than corporation tax;
(c)
specified duties of Federal excise;
(d)
taxes on sales and purchases; and
(e)
any other specified tax.
(4)
As soon as may be after receiving the recommendations of the National
Finance Commission, the President shall by Order specify, in accordance with the
recommendations of the Commission under sub-clause (a) of clause (2), the share of the
net proceeds of the taxes mentioned in clause (3) which is to be allocated to each
Province, and that share shall be paid to the Government of the Province concerned, and
shall not form part of the Federal Consolidated Fund.
(5)
The recommendations of the National Finance Commission, together with
an explanatory memorandum as to the action taken thereon, shall be laid before the
National Assembly and the Provincial Assemblies.
……….
Article 129 (1) Any dispute between the Federal Government and one or both
Provincial Governments, or between the two Provincial Governments, which under the
law of the Constitution is not within the jurisdiction of the Supreme Court, may be
referred by any of the Governments involved in the dispute to the Chief Justice of
Pakistan, who shall appoint a tribunal to settle the dispute.
(2)
Subject to the provisions of any Act of Parliament, the practice and
procedure of any such tribunal, including the fees to be charged and the award of costs,
shall be determined by rules made by the Supreme Court and approved by the
President.
(3)
The report of the tribunal shall be forwarded to the Chief Justice, who shall
determine whether the purpose for which the tribunal was appointed has been carried
out, and shall return the report to the tribunal for re-consideration if he is of opinion that
the purpose has not been carried out; and when the report is in order the Chief Justice
shall forward the report to the President who shall make such order as may be necessary
to give effect to the report.
(4)
Effect shall be given in a Province to any order made under this Article by
the President, and any Act of the Provincial Legislature which is repugnant to the order
shall, to the extent of the repugnancy, be void.
(5)
An order by the President under this Article may be varied by the President
Institutional Analysis of
Council of Common Interests (CCI)
53
in accordance with an agreement made by the parties concerned.
……….
Article 130 If at any time it appears to the President that the public interest would be
served by the establishment of an Inter-Provincial Council charged with the duty of (a)
investigating and discussing subjects in which the Provinces, or the
Federation and one or both of the Provinces, have a common
interest; or
(b)
making recommendations upon any such subject and, in particular,
recommendations for the better co-ordination of policy and action
with respect to that subject;
the President may, with the consent of the Governors of the Provinces, establish
such a Council and define the nature of the duties to be performed by it, and its
organization and procedure.
……….
Article 156 (1) Subject to the provisions of the Constitution, the Supreme Court
shall, to the exclusion of any other Court, have original jurisdiction in any dispute
between(a)
the Federal Government and the Government of one or both
Provinces; or
(b)
the Federal Government and the Government of a Province on the
one side, and the Government of the other Province on the other or
(c)
the Government of the Provinces,
if and is so far as the dispute involves(i)
any question whether of law or of fact, on which the, existence or
extent of a legal right depends; or
(ii)
any question as to the interpretation of the Constitution.
(2)
The Supreme Court in the exercise of its original jurisdiction shall not
pronounce any judgment other than a declaratory judgment.
……….
Article 199 (1) As soon as may be after the Constitution Day, the President shall
constitute a National Economic Council, hereinafter to be called the Council, consisting
of four Ministers of the Federal Government, three Ministers of each Provincial
Government, and the Prime Minister, who shall be ex officio Chairman of the Council.
(2)
The Council shall review the overall economic position of the country and
shall, for advising the Federal and Provincial Governments, formulate plans in respect
of financial, commercial and economic policies; and in formulating such plans, the
Council shall aim at ensuring that uniform standards are attained in the economic
development of all parts of the country.
(3)
The Council may, from time to time, appoint such committees or expert
54
Institutional Analysis of
Council of Common Interests (CCI)
bodies as it considers necessary for the discharge of its functions.
(4)
In the implementation of the aforesaid plans, the President shall take
suitable steps to decentralise the administration by setting up, in each Province,
necessary administrative machinery to provide the maximum convenience to the people;
and expeditious disposal of Government business and public requirements.
(5)
Nothing in this Article shall affect the exercise of the executive authority of
the Federation or the Provinces.
(6)
The Council shall submit every year to the National Assembly a report on
the results obtained and the progress made in the achievement of its objects, and copies
of the reports shall also be laid before each Provincial Assembly.
……….
Article 200 (1) The President shall appoint a Board for each Province consisting of
representatives of the Federal Government and the Government of the Province, to
advise the Federal Government on matters relating to Posts and Telegraphs in the
Province.
(2)
Notwithstanding anything in the Constitution, recruitment to posts and
services, other than Class I, in the Posts and Telegraphs Department in a Province shall
be made from amongst persons domiciled in that Province.
……….
Institutional Analysis of
Council of Common Interests (CCI)
55
Annex-B
Excerpts from Constitution of Islamic Republic of Pakistan, 1962
Article 57 (1) The Supreme Court shall, to the exclusion of every other Court, have
original jurisdiction in any dispute between one of the Governments and one or both of
the other Governments.
(2) In the exercise of the jurisdiction conferred on it by this Article, the Supreme
Court shall pronounce declaratory judgments only.
(3) In this Article, "the Governments" means the Central Government and the
Provincial Governments.
……….
Article 131 (1) The Central Legislature shall have exclusive power to make laws
(including laws having extra-territorial operation) for the whole or any part of Pakistan
with respect to any matter enumerated in the Third Schedule.
(2)
Where the national interest of Pakistan in relation to(a)
the security of Pakistan, including the economic and financial
stability of Pakistan;
(b)
planning or co-ordination; or
(c)
the achievement of uniformity in respect of any matter in different
parts of Pakistan;
so requires, the Central Legislature shall have power to make laws (including laws
having extra-territorial operation) for the whole or any part of Pakistan with respect to
any matter not enumerated in the Third Schedule.
(3) If(a)
it appears to the Assembly of a Province to be desirable that a matter
not enumerated in the Third Schedule should be regulated in the
Province by an Act of the Central Legislature; and
(b)
a resolution to that effect is passed by the Provincial Assembly, the
Central Legislature shall have power to make laws having effect in the Province with
respect to that matter, but any law made in pursuance of this power may be amended or
repealed by an Act of the Provincial Legislature.
(4)
The Central Legislature shall have power (but not exclusive power) to make
laws for the Islamabad Capital Territory and the Dacca Capital Territory with respect to
any matter not enumerated in the Third Schedule.
(5)
The Central Legislature shall have power to make laws for any part of
Pakistan not forming part of a Province with respect to any matter.
56
Institutional Analysis of
Council of Common Interests (CCI)
Article 132- A Provincial Legislature shall have power to make laws for the
Province, or any part of the Province, with respect to any matter other than a matter
enumerated in the Third Schedule.
……….
Article 144 (1) The President may, from time to time, constitute a National Finance
Commission for the purposes of clause (4) of this Article.
(2)
The President shall constitute a National Finance Commission for the
purposes of clause (6) of this Article not later than fifteen months before the expiration
of each period specified by the National Economic Council under clause (5) of Article
145 (in this Article referred to as a "Plan period").
(3)
A National Finance Commission shall consist of the Ministers in charge of
the portfolios of Finance in the Central and the Provincial Governments and such other
persons as, after consultation with the Governors of the Provinces, the President may
appoint.
(4)
A National Finance Commission constituted for the purposes of this clause
shall make recommendations to the President with respect to(a)
the distribution between the Central Government and the Provincial
Governments of the proceeds (after deducting the cost of their
collection) of the following taxes :(i)
Taxes on income, including corporation tax, but not including
taxes on income consisting of remuneration paid out of the
Central Consolidated Fund :
(ii)
Taxes on sales and purchases :(iii) Export duty on jute and cotton, and such other export duties
as may be specified by the President;
(iv) Such duties of excise imposed under a Central Law as may be
specified by the President:
(v)
Such other taxes as may be specified by the President;
(b)
the making of grants-in-aid by the Central Government to the
Provincial Governments;
(c)
the exercise by the Central Government and the Provincial
Governments of the borrowing powers conferred by this
Constitution; and
(d)
any other matter relating to finance referred to the Commission by
the President.
(5)
As soon as is practicable after receiving the recommendations of the
Commission referred to in clause (4) of this Article, the President shall, after considering
the recommendations, specify by Order the share of the proceeds of the taxes referred to
in paragraph (a) of clause (4) of this Article which is to be allocated to each Provincial
Institutional Analysis of
Council of Common Interests (CCI)
57
Government, and that share shall be paid to the Government of the Province concerned,
and notwithstanding Article 37, shall not form part of the Central Consolidated Fund.
(6)
A National Finance Commission constituted for the purposes of this clause
shall submit to the President, not later than six months before the expiration of the plan
period during which it is constituted(a)
a report on the progress made during that period in advancing the
object referred to in clause (4) of Article 145; and
(b)
recommendations as to the manner in which that object should be
achieved in the next succeeding plan period.
(7)
The President shall furnish a copy of the report and the recommendations
submitted to him under clause (6) of this Article to the National Economic Council,
which shall take those recommendations into account in formulating its plans.
(8)
Any recommendations of a National Finance Commission furnished to the
President shall, together with an explanatory memorandum as to the action taken on
them, be laid before the National Assembly and before each of the Provincial
Assemblies.
(9)
The same Commission may be constituted for the purposes of clause (4)
and clause (6) of this Article.
……….
Article 145 (1) As soon as is practicable after the commencing day, the President
shall constitute a Council, to be known as the National Economic Council.
(2)
The Council shall consist of such persons as are appointed to the Council by
the President, who shall be members of the Council during the pleasure of the President.
(3)
The Council shall, from time to time, and whenever so directed by the
President, review the overall economic position of Pakistan, formulate plans with
respect to financial, commercial and economic policies and the economic development
of Pakistan and inform the Central and the Provincial Governments of those plans.
(4)
A primary object of the Council in formulating the plans referred to in
clause (3) of this Article shall be to ensure that disparities between the Provinces, and
between different areas within a Province, in relation to incomes per capita, are removed
and that the resources of Pakistan (including resources in foreign exchange ) are used
and allocated in such manner as to achieve that object in the shortest possible time, and
it shall be the duty of each Government to make the utmost endeavour to achieve that
object.
(5)
The plans formulated by the Council in pursuance of clause (3) of this
58
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Article in relation to the economic development of Pakistan shall be formulated with
respect to periods specified by the Council.
(6)
The Council may, from time to time, appoint such committees or bodies of
experts as it considers necessary to assist it in the performance of its functions.
(7)
Nothing in this Article shall affect the exercise of the executive authority of
the Central Government or of a Provincial Government.
(8)
The Council shall submit every year to the National Assembly a report on
the results obtained and the progress made in the achievement of the object referred to
in clause (4) of this Article, and a copy of the report shall also be laid before each
Provincial Assembly.
……….
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59
Annex-C
Excerpts from Constitution of Islamic Republic of Pakistan, 1973 (before
18th amendment)
70. Introduction and passing of Bills.- (1) A Bill with respect to any matter in the
Federal Legislative List may originate in either House and shall, if it is passed by the
Housein which it originated, be transmitted to the other House; and, if the Bill is passed
without amendment by the other House also, it shall be presented to the President for
assent.
(2) If a Bill transmitted to a House under clause (1) is passed with amendments it
shall be sent back to the House in which it originated and if that House passes the Bill
with those amendments it shall be presented to the President for assent.
(3) If a Bill transmitted to a House under clause (1) is rejected or is not passed
within ninety days of its laying in the House or a bill sent to the House under clause (2)
with amendments is not passed by that House with such amendment, the Bill, at the
request of the House in which it originated, shall be considered in a joint sitting and if
passed by the votes of the majority of the members present and the voting in the joint
sitting it shall be presented to the President for assent.
(4) In this Article and the succeeding provisions of the Constitution, "Federal
Legislative List" means the Federal Legislative List in the Fourth Schedule.
……………..
90. The Federal Government.-(1) Subject to the Constitution, the executive
authority of the Federation shall be exercised in the name of the President by the Federal
Government, consisting of the Prime Minister and the Federal Ministers, which shall act
through the Prime Minister who shall be the chief executive of the Federation.
(2) In the performance of his functions under the Constitution, the Prime Minister
may act either directly or through the Federal Ministers.
……………
97. Extent of executive authority of Federation: Subject to the Constitution, the
executive authority of the Federation shall extend to the matters with respect to which
2[Majlis-e-Shoora (Parliament) has power to make laws, including exercise of rights,
authority and jurisdiction in and in relation to areas outside Pakistan:
Provided that the said authority shall not, save as expressly provided -in the
Constitution or in any law made by 1[Majlis-e-Shoora (Parliament)] extend in any
Province to a matter with respect to which the Provincial Assembly has also power to
make laws.
……………..
99. Conduct of business of Federal Government.- (1) All executive actions of the
Institutional Analysis of
60
Council of Common Interests (CCI)
Federal Government shall be expressed to be taken in the name of the President.
(2). The 3[Federal Government] shall by rules specify the manner in which orders
and other instruments made and executed 4[in the name of the President] shall be
authenticated, and the validity of any order or instrument so authenticated shall not be
questioned in any court on the ground that it was not made or executed by the
President.
5
[(3) The Federal Government shall also make rules for the allocation and
transaction of its business]
……………..
153 - Council of Common Interests (1). There shall be a Council of Common
Interests, in this Chapter referred to as the Council, to be appointed by the President.
(2).
The members of the Council shall be (c)
(d)
the Chief Ministers of the Provinces, and
an equal number of members from the Federal Government to be
nominated by the Prime Minister from time to time.
(3).
The Prime Minister, if he is a member of the Council, shall be the Chairman
of the Council but, if at any time he is not a member, the President may nominate a
Federal Minister who is a member of the Council to be its Chairman.
(4).
The Council shall be responsible to Parliament.
……….
154. Functions and rules of procedure.- (1) The Council shall formulate and
regulate policies in relation to matters in Part II of the Federal Legislative List and, in so
far as it is in relation to the affairs of the Federation, the matter in entry 34 (electricity) in
Concurrent Legislative List, and shall exercise supervision and control over related
institutions.
(2).
The decisions of the Council shall be expressed in terms of the opinion of
the majority.
(3).
Until Parliament makes provision by law in this behalf, the Council may
make its rules of procedure.
(4).
Parliament in joint sitting may from time to time by resolution issue
directions through the Federal Government to the Council generally or in a particular
matter to take action as Parliament may deem just and proper and such directions shall
be binding on the Council.
Institutional Analysis of
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61
(5). If the Federal Government or a Provincial Government is dissatisfied with a
decision of the Council, it may refer the matter to Parliament in a joint sitting whose
decision in this behalf shall be final.
……….
155 - Complaints as to interference with water supplies. - (1) If the interests of a
Province, the Federal Capital or the Federally Administered Tribal Areas, or any of the
inhabitants thereof, in water from any natural source of supply have been or are likely to
be affected prejudicially by(c)
any executive act or legislation taken or passed or proposed to be
taken or passed; or
(d)
the failure of any authority to exercise any of its powers with respect
to the use and distribution or control of water from that source;
the Federal Government or the Provincial Government concerned may make a
complaint in writing to the Council
(2)
Upon receiving such complaint, the Council shall, after having considered
the matter, either give its decision or request the President to appoint a commission
consisting of such persons having special knowledge and experience in irrigation,
engineering, administration, finance or law as he may think fit, hereinafter referred to as
the Commission.
(3)
Until Parliament makes provision by law in this behalf, the provisions of
the Pakistan Commissions of Inquiry Act, 1956 (VI of 1956), as in force immediately
before the commencing day shall apply to the Council or the Commission as if the
Council or the Commission were a Commission appointed under that Act to which all
the provisions of section 5 thereof applied and upon which the power contemplated by
section 10-A thereof had been conferred.
(4)
After considering the report and supplementary report, if any, of the
Commission, the Council shall record its decision on all matters referred to the
Commission.
(5)
Notwithstanding any law to the contrary, but subject to the provisions of
clause (5) of Article 154, it shall be the duty of the Federal Government and the
Provincial Government concerned in the matter in issue to give effect to the decision of
the Council faithfully according to its terms and tenor.
(6)
No proceeding shall lie before any court at the instance of any party to a
matter which is or has been in issue before the Council, or of any person whatsoever, in
respect of a matter which is actually or has been or might or ought to have been a proper
subject of complaint to the Council under this Article.
……….
62
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157 - Electricity. (1) The Federal Government may in any Province construct or
cause to be constructed hydro-electric or thermal power installations or grid stations for
the generation of electricity and lay or cause to be laid inter-Provincial transmission
lines.
(2)
The Government of a Province may (e)
to the extent electricity is supplied to that Province from the national
grid, require supply to be made in bulk for transmission and
distribution within the Province;
(f)
levy tax on consumption of electricity within the Province;
(g)
construct power houses and grid stations and lay transmission lines
for use within the Province; and
(h)
determine the tariff for distribution of electricity within the Province.
……….
184. Original jurisdiction of Supreme Court.-(1) The Supreme Court shall, to the
exclusion of every other court, have original jurisdiction in any dispute between any two
or more Governments.
Explanation.-In this clause, "Governments" means the Federal Government and
the Provincial Governments.
(2)
In the exercise of the jurisdiction conferred on it by clause (1) the Supreme
Court shall pronounce declaratory judgments only.
(3)
Without prejudice to the provisions of Article 199, the Supreme Court shall,
if it considers that a question of public importance with reference to the enforcement of
any of the Fundamental Rights conferred by Chapter 1 of Part II is involved, have the
power to make an order of the nature mentioned in the said Article.
……….
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Annex-D
Excerpts from Rules of Business, 1973
Schedule 2
xxxxxxxxxxxxxxxxxx
“2. Cabinet Division
1.
All secretarial work for the Cabinet, Council of Common Interests, Inter-Provincial
Conference, National Economic Council and their Committees; Secretaries' Committee.”
xxxxxxxxxxxxxxxxxx
“21. Procedure regarding Inter-Provincial Conference__ (1) Meetings of the
Inter-Provincial Conference shall be convened by the Cabinet Division under the
directions of the Prime Minister who shall preside at the meetings.
(2)
Only cases of major importance which require policy decision and mutual
discussion between the Federal and the Provincial Governments shall be brought before
the Inter-Provincial Conference.
(3)
The Federal and Provincial Ministers and officials of the Divisions
concerned and of the Provincial Governments may be associated with the deliberations
of the Conference as and when considered necessary.
(4)
The provisions of rules 18 and 20 shall apply mutatis mutandis to the
manner of submission of cases to, and the procedure for the meetings of, the InterProvincial Conference except that the summary shall reach the Cabinet Division at least
21 clear days in advance of the commencement of the Conference.
(5)
Other instructions regarding the submission of cases to the Conference shall
be issued by Cabinet Division.
……………
22. Procedure regarding National Economic Council.--(1) Meetings of the
National Economic Council shall be convened by the Cabinet Division under the
directions of the Prime Minister who shall preside at the meetings.
(2)
The Federal and Provincial Ministers and officials of the Divisions
concerned and of the Provincial Governments may be associated with the deliberations
of the National Economic Council as and when considered necessary.
(3)
The provisions of rules 18 and 20 shall apply mutatis mutandis to the
64
Institutional Analysis of
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manner of submission of cases to, and the procedure for the meetings, of the National
Economic Council except that the summary shall reach the Cabinet Division at least 21
clear days in advance of the commencement of the meeting.
(4)
Other instructions regarding the submission of cases to the National
Economic Council shall be issued by the Cabinet Secretary.
……………
Institutional Analysis of
Council of Common Interests (CCI)
Annex-E
RULES OF PROCEDURE OF
THE COUNCIL OF
COMMON INTERESTS (CCI)
(The Council approved its Rules of Procedure under Article
154(3) of the Constitution in its meeting
held on 12th January 1991)
GOVERNMENT OF PAKISTAN
CABINET SECRETARIAT
(Cabinet Division)
65
66
Institutional Analysis of
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CABINET SECRETARIAT
(Cabinet Division)
_____
In exercise of the powers conferred by Clause 3 of Article 154 of the
Constitution of the Islamic Republic of Pakistan, the Council of Common Interests has
made the following Rules of Procedure:-
RULE OF PROCEDURE OF THE COUNCIL
OF COMMON INTERESTS (CCI)
1. Short Title.- These rules may be called the "Rules of Procedure of the Council of
Common Interests".
2.
Commencement.- These rules shall come into force at once.
3.
Definitions.- In these rules, unless the context otherwise requires:
(a)
"Article" means Article of the Constitution;
(b)
"Council" means the Council of Common Interests;
(c)
"Chairman" means Chairman of the Council;
(d)
"Secretary" means the Secretary to the Government of Pakistan in the
Cabinet Division.
4.
Cases to be submitted to the Council.- Cases relating to formulation and
regulation of policies in relation to the following matters and supervision and control
over the related institutions shall be submitted to the Council :(a)
Railways
(b)
Mineral oil and natural gas, liquids and substances declared by
Federal law to be dangerously inflammable.
(c)
Development of industries, where development under Federal
control is declared by Federal law to be expedient in the public
interest; institutions, establishments, bodies and corporations
administered or managed by the Federal Government immediately
before the 14th August, 1973, including Water and Power
Development Authority and the Pakistan Industrial Development
Corporation; all undertakings, projects and schemes of such
institutions, establishments, bodies and corporations; industries,
projects and undertakings owned wholly or partially by the Federal
or by a corporation set up by the Federation.
Institutional Analysis of
Council of Common Interests (CCI)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
67
Fees in respect of any of the matters specified above but not
including fees taken in any court.
Offenses against law with respect to any of the matters specified
above.
Inquiries and statistics for the purposes of any of the matters
specified above.
Matters incidental or ancillary to any of the matters specified above.
Electricity (entry 34 of Concurrent Legislative List).
Complaints as to interference with water supplies (Article 155 of the
Constitution).
Implementation of the directions given by the parliament for action
by the Council [Article 154(4) of the Constitution].
5.
Meetings of the Council.- (1) The Chairman may from time to time
summon a meeting of the Council to meet at such time and place as he thinks fit. There
shall be at least one meeting of the Council in a year.
(2)
When the Council is summoned, the Secretary shall intimate to each
member the date, time and place of the meeting.
(3)
If less than five members are present, the Chairman shall either adjourn the
meeting of suspend the meeting until at least five members are present. of the five (5)
members constituting the quorum for meetings of the Council, at least three shall be
Chief Ministers of the provinces.
(4)
The Chairman shall preside at every meeting of the Council.
6.
Council may associate others concerned.- The Council may associate other
Federal or Provincial Ministers and officials with its deliberations as and when
considered necessary.
7.
Committee of the Council.- The Council may constitute such committees to
deal with specified matters as it may consider necessary from time to time and elect their
members.
8.
Preparation of Summaries.- A Summary for the Council should indicate :(a)
The name of the sponsoring Federal Division or Department of the
Provincial Governments.
(b)
Subject of the Summary.
(c)
Name and designation of the officer forwarding the Summary
(Secretary/Additional Secretary Incharge in the case of Federal
Divisions and Chief Secretary/ Additional Secretary in the case of
Provincial Government)
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Council of Common Interests (CCI)
(d)
The date of submission.
9.
Heading of Summary.- The words "Summary for the Council of Common
Interests" should invariably appear at a prominent place, above the subject.
10. Manner of preparing Summary.- All the Summaries should be self-contained,
concise but lucid. Normally, the Summary should not exceed two printed foolscap pages
(the annexes or appendices, if any, being in addition). The Summary itself should
invariably be printed and marked 'Secret' unless the subject matter requires a higher
Security grading. Each Summary should contain the facts of the case, the points for
decision and the recommendation and 40 copies of the Summary should be sent to the
Cabinet Division.
11. Consultation with authorities concerned.- Where a case concerns more than
one Division or the Provinces, the Summary normally should not be submitted to the
Council until it has been considered by the concerned. In case of dis-agreement, the
points of difference should be stated in the Summary. The Provinces and the concerned
Ministries/Divisions of the Federal Government should furnish their comments/views
on the summaries for the Council circulated for the purpose, within two weeks. The
requirement of prior consultation may be waived in very exceptional circumstances but
the Summary mist, in that case, be sent to others concerned with the request to send
their views (40 copies) direct to the Cabinet Division by a given date. The Cabinet
Division would circulate the views, if received in time, alongwith or in continuation of
the Summary.
12.
Reference to previous decisions.- Where a reference is required to a
previous decision, the decision should be reproduced in the body of the Summary
provided it is a short one, otherwise a copy of the previous decision should be annexed
as an appendix to the Summary. Summaries not conforming to the above instructions
would not be accepted.
13.
Matters not included in the agenda not to be discussed.- No case shall be
discussed, nor any issue raised, in the meeting unless the Summary relating to it has
been formally included in the agenda and circulated, except with the permission of the
Chairman who may dispense with this requirements if he is satisfied that the
circumstances were such that a working paper could not be supplied and the matter
could brook no delay.
14.
Action on decisions of the Council.- (1) The minutes of the meeting should
be circulated by the Cabinet Division to all the members who shall return the same after
perusal. The discrepancies, if any, shall be reported by the members within seven (7)
days of the receipt of the minutes.
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69
(2)
The Cabinet Division shall also pass on the decisions of the Council to all
concerned for necessary action but the primary responsibility for the proper
implementation of the decision would be that of the sponsoring Secretary or Chief
Secretary, who would ensure that the decisions had been duly passed on to all the
agencies concerned.
(3)
The record of discussion (minutes) of the meeting shall be treated as Secret.
These shall be kept in the personal custody of the officer to whom those are sent and
shall not be passed down unless these contain points which require further
consideration or action in the Division or Provincial Department, in which case only
relevant extracts from the minutes and not full minutes shall be passed down.
(4)
The Cabinet Secretary shall watch the implementation of the decisions and
the Secretary of the Division concerned or the Chief Secretary of the Provincial
Government concerned shall supply to the Cabinet Secretary such documents as the
latter may, be general or special request, require to enable him to complete his record of
the case, and to satisfy himself that the decision has been fully implemented.
*****
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71
Annex-F
Composition of the CCI since 1973 to 2006
Notification No.278/CF/74(CCI) dated 1974
1
The Prime Minister
Chairman
2
The Minister for Interior, States & Frontier Regions
Member
3
The Minister for Food & Agriculture, Cooperative Works,
Under-developed Areas and Land Reforms
Member
4
The Minister for Finance, Planning & Economic Affairs
Member
5
The Chief Ministers of the Provinces
Members
Notification No.88/CF/77 dated 18th May 1977
1
The Prime Minister
Chairman
2
Member
3
The Minister for Agriculture, Cooperatives and Land
Reforms
The Minister for Water and Power
4
The Minister for Information and Broadcasting
Member
5
The Chief Ministers of the Provinces
Members
Member
Notification No.88/CF/77 dated 9th July 1977
1
The Chief Martial Law Administrator
Chairman
2
The Secretary General-in-Chief
Member
3
The Secretary General, Finance and Economic Co-ordination
Member
4
The Secretary, Planning Division
Member
5
The Chief Secretaries of the Provinces
Members
Notification No.88/CF/77 dated 26th October 1978
1
The Chief Martial Law Administrator
Chairman
2
The Minister for Finance and Coordination
Member
3
The Minister for Communications
Member
4
The Minister for Railways
Member
5
The Martial Law Administrators of Provinces
Members
Notification No.69/CS/79 dated 17th May 1979
1
The Chief Martial Law Administrator
2
The Minister for Finance, Planning, Commerce and
Coordination
Chairman
Member
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3
Council of Common Interests (CCI)
Member
4
The Minister for Railways, Local Government and Rural
Development
The Minister for Communications
5
The Martial Law Administrators of Provinces
Members
Member
Notification No.69/CS/79 dated 1st October 1983
1
The Chief Martial Law Administrator
Chairman
2
The Minister for Finance and Coordination
Member
3
The Minister for Railways
Member
4
The Minister for Communications
Member
5
The Martial Law Administrators of Provinces
Members
Notification No.69/CS/79 dated 24th August 1985
1
The Prime Minister
Chairman
2
Minister for Finance and Economic Affairs
Member
3
The Minister for Railways
Member
4
The Minister for Communications
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Notification No.69/CS/79 dated 7th April 1986
1
The Prime Minister
Chairman
2
Minister for Finance and Economic Affairs
Member
3
The Minister for Commerce
Member
4
The Minister for Water and Power
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Notification No.69/CS/79 dated 21st May 1987
1
The Prime Minister
Chairman
2
Minister for Finance & Economic Affairs and Petroleum &
Natural Resources
Member
3
The Minister for Communications and Railways
Member
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4
The Minister for Food, Agriculture and Cooperatives
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Notification No.69/CS/79 dated 21st March 1989
1
The Prime Minister
Chairperson
2
Minister for Food, Agriculture and Cooperatives
Member
3
Adviser to the Prime Minister for Finance, Economic Affairs
and Planning & Development
Member
4
Attorney General of Pakistan
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Minister for Law and Justice may attend when Attorney General is absent.
Notification No.69/CS/79 dated 10th September 1990
1
The Prime Minister
Chairman
2
Minister for Finance, Economic Affairs and Planning &
Development
Member
3
Minister for Law, Justice and Parliamentary Affairs
Member
4
Minister for Labour, Manpower and Overseas Pakistanis
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Notification No.69/CS/79 dated 11th December 1990
1
The Prime Minister
Chairman
2
Minister for Finance and Economic Affairs
Member
3
Minister for Law, Justice and Parliamentary Affairs
Member
4
Minister for Railways
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
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Council of Common Interests (CCI)
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Notification No.69/CS/79 dated 16th May 1993
1
The Prime Minister
Chairman
2
Minister for Finance
Member
3
Minister for Petroleum and Natural Resources
Member
4
Minister for Defence
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Notification No.69/CS/79 dated 30th August 1993
1
Minister for Communications and Railways
Chairman
2
Minister for Finance & Economic Affairs and Planning &
Development
Member
3
Minister for Food, Agriculture & Cooperatives, Local
Government & Rural Development and Works
Member
4
Minister for Water and Power
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Notification No.69/CS/79 dated 30th August 1997
1
Minister for Finance, Economic Affairs and Statistics
Chairman
2
Minister for Commerce
Member
3
Minister for Railways
Member
4
Minister of State for Water and Power
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
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Notification No.69/CS/79 dated 21st December 1998
1
Chief Minister, Punjab
2
Chief Minister, NWFP
3
Chief Minister, Balochistan
4
Chief Minister, Sindh
5
Minister for Finance, Economic Affairs and Statistics
6
Minister for Commerce
7
Minister of State for Water and Power
8
Minister of State for Housing and Works
2nd August, 2006
1
The Prime Minister
Chairman
2
Minister for Inter-Provincial Coordination
Member
3
Minister for Narcotics Control
Member
4
Minister for States and Frontier Regions
Member
5
Chief Minister, Punjab
Member
6
Chief Minister, Sindh
Member
7
Chief Minister, NWFP
Member
8
Chief Minister, Balochistan
Member
Institutional Analysis of
Council of Common Interests (CCI)
Annex-G
RULES OF PROCEDURE OF
THE COUNCIL OF
COMMON INTERESTS (CCI)
2010
GOVERNMENT OF PAKISTAN
MINISTRY OF INTER PROVINCIAL COORDINATION
(IPC DIVISION)
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GOVERNMENT OF PAKISTAN
MINISTRY OF INTER PROVINCIAL COORDINATION
(IPC DIVISION)
***
In exercise of the powers conferred by clause 5 of Article 154 of the Constitution of
the Islamic Republic of Pakistan, the Council of Common Interests has made the
following Rules of Procedure, namely :-
RULES OF PROCEDURE OF THE COUNCIL OF COMMON
INTERESTS
1.
Short Title and commencement. – (1) These rules shall be called the Rules
of Procedure of the Council of Common Interests, 2010.
(2).
These rules shall come into force at once.
2.
Definitions.- In these rules, unless there is anything repugnant to the
subject or context;a)
"Article" means an Article of the Constitution;
b)
"Chairman" means the Chairman of the Council of Common
Interests;
c)
"Constitution" means the Constitution of the Islamic Republic of
Pakistan;
d)
"Council" means the Council of Common Interests constituted under
Article 153;
e)
"department” means a department of a Provincial
Government;
f)
“Division” means a self-contained administrative unit of the Federal
Government responsible for the conduct of its business in a distinct
and specified sphere and declared as such by the Federal
Government;
g)
“Federal Government" means the Government of Pakistan;
h)
"Provincial Government" means the Government of a Province;
i)
“Secretariat” means the Secretariat of the Council established under
rule 3;
j)
"Secretary" means the Secretary of the Council appointed under
rule 3; and
k)
“Schedule” means schedules to these rules.
3.
Secretariat of the Council.- (1) There shall be a permanent Secretariat of
the Council. The Federal Government, with the approval of the Chairman, shall appoint
Secretary of the Council:
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Provided that till such time a separate Secretariat is established, the Inter
Provincial Coordination Division of the Federal Government shall act as the Secretariat
of the Council and till such time a Secretary of CCI is appointed the Secretary, Inter
Provincial Coordination Division shall act as Secretary of the Council.
(2)
The Secretary shall be the administrative head of the Secretariat of
the Council and shall be responsible for its efficient functioning.
(3)
The Secretary shall appoint such other officers and officials for the
Secretariat, as he may think appropriate, in accordance with the rules prescribed by the
Council:
Provided that appointment to the posts in BS-20 and above shall be
made with the approval of the Chairman:
Provided further that representation of all the Provinces and regions
in the service of the Council shall be ensured on the basis of provincial and regional
quotas.
4.
Functions of the Council.- The Council shall formulate and regulate polices
in respect of matters given in the Schedule I and shall exercise supervision and control
over related institutions.
5.
Meetings of the Council.- (1) The Chairman may summon the meetings of
the Council, to meet at such time and place as he thinks fit.
(2)
The Council shall meet at least once in ninety days:
Provided that the Chairman may convene a meeting on the request of a
Province on an urgent matter.
(3)
The meetings of the Council shall be attended by its members.
(4)
The Chairman may permit any other Federal Minister, or a
Provincial Minister and any official to attend the meeting of the Council by special
invitation.
(5)
In a meeting of the Council, four members, shall form the quorum;
provided that at least two Chief Ministers are present:
Provided further that a matter relating to a Province shall not be discussed
unless the Chief Minister of that Province is present in the meeting. .
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(6)
No case shall be discussed nor any issue be raised in a meeting
unless summary relating to it has first been circulated:
Provided that the Chairman may dispense with this requirement in exceptional
circumstances.
(7)
days in advance.
Notice for the meeting shall ordinarily be issued at least ten working
(8)
For inclusion in the agenda of a meeting summary relating to the
case shall reach the Secretary at least fifteen days in advance of the meeting:
Provided that, if a case is urgent and is required to be taken up at a short
notice, the Secretary of Division or Chief Secretary of the concerned Province shall
obtain approval of the Chairman for its inclusion in the agenda before it is transmitted to
the Secretary.
(9)
The Secretary of the Division or Chief Secretary of the Province
concerned shall attend the meeting of the Council for the purpose of the case relating to
his Division or Province. However, these officers may be asked to withdraw from the
meeting before the Council starts discussion on the issue.
(10) The decisions of the Council shall be expressed in terms of the
opinion of the majority.
6.
Circulation and confirmation of minutes and decisions.- The Secretary
shall circulate to the members, within seven working days of the meeting, a copy of the
minutes and decisions of the Council for perusal. The members shall return the
aforesaid copy of the minutes and decisions to the Secretary within fifteen working days
of issue. The Secretary shall also supply to the Secretary of the Division or the Chief
Secretary of the Province concerned for action, a copy of the relevant decision of the
Council, and wherever considered necessary, of the relevant excerpts of the points made
during the discussion.
7.
Committees of the Council.- The Council may constitute its standing
committees or special committees laying down their terms of reference and
membership.
8.
Procedure regarding Committees of the Council.- Meetings of a
Committee of the Council shall be convened by the chairperson of the Committee
concerned who shall also preside over such meetings:
Provided that the procedure for the meetings of the Council shall apply mutatis
mutandis for the meetings of the Committees except that the recommendations of the
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Committee shall be placed before the Council.
9.
Cases to be submitted to the Council.- The Council shall consider the cases
mentioned in Schedule-I of these rules or those notified by the Federal Government
from time to time in the Gazette of Pakistan .
10.
Manner of submission of cases to the Council.- The manner of submission
of the cases before the Council and preparation of summaries therefor shall be as given
in Schedule-II and Schedule-III to these rules, respectively or as notified by the
Secretariat from time to time.
11.
Implementation of decisions of the Council.- (1) When a case has been
decided by the Council, the Federal Government or Provincial Government concerned
shall take prompt action to give effect to the decision unless it conveys its intention to
make reference to the Parliament within fifteen days of its communication.
(2)
When the decision of the Council is received by the Secretary of the
Division or the Chief Secretary of the concerned Province, he shall –
(a)
acknowledge the receipt of the decision in the form provided;
(b)
transmit the decision to his Division or Department for action;
(c)
keep a register with him of the decisions received, for the
purpose of ensuring that prompt and complete action is taken
on those decisions; and
(d)
coordinate action with any other Division or a Province,
which may be concerned with the decision.
(3)
The Secretary shall monitor the implementation of decisions and the
Secretary of the Division or Chief Secretary of a Province concerned shall supply to the
Secretary such documents as the latter may, by general or special request, require,
enabling him to complete his record of the case and to satisfy himself that the decision of
the Council has been fully implemented.
12. Correction of minutes and decisions of the Council.- If a Member
considers that there has been a mistake or omission in recording the minutes or
decisions of the Council, he shall point it out to the Secretary in writing within fifteen
working days of their issuance. The Secretary shall obtain orders of the Chairman and
circulate the same to Members.
13.
Reference against the decisions of the Council.- If the Federal Government
or a Provincial Government is not satisfied with a decision of the Council, it may refer
the matter to the Parliament in a joint sitting whose decision in this behalf shall be final.
14.
Repeal.- The Rules of Procedure for the Council of Common Interests 1991,
are hereby repealed.
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SCHEDULE-I
[See rule 4]
CASES TO BE SUBMITTED TO THE COUNCIL
(1)
Railways;
(2)
Mineral oil and natural gas, liquids and substances declared by Federal law
to be dangerously inflammable;
(3)
Development of industries, where development under Federal control is
declared by Federal law to be expedient in the public interest; institutions,
establishments, bodies and corporations administered or managed by the
Federal Government immediately before the commencing day, including
Water and Power Development Authority and Pakistan Industrial
Development Corporation and all undertakings, projects and schemes of
such institutions, establishments, bodies and corporations; industries,
projects and undertakings owned wholly or partially by the Federation or
by a corporation set up by the Federation;
(4)
Electricity;
(5)
Major ports, that is to say, the declaration and delimitation of such ports,
and the constitution and powers of port authorities therein;
(6)
All regulatory authorities established under a Federal law;
(7)
National planning and national economic coordination including planning
and coordination of scientific and technological research;
(8)
Supervision and management of public debt;
(9)
Census;
(10)
Extension of the powers and jurisdiction of members of a police force
belonging to any Province to any area in another Province, but not so as to
enable the police of one Province to exercise powers and jurisdiction in
another Province without the consent of the Government of that Province;
extension of the powers and jurisdiction of members of a police force
belonging to any Province to railway areas outside that Province;
(11)
Legal, medical and other professions;
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(12)
Standards in institutions for higher education and research, scientific and
technical institutions;
(13)
Inter-provincial matters and co-ordination;
(14)
Council of Common Interests;
(15)
Fees in respect of any of the matters specified in Part-II of the Federal
Legislative List but not including fees taken in any court;
(16)
Offenses against laws with respect to any of matters in Part-II of the
Federal Legislative List;
(17)
Inquiries and statistics for the purposes of any of the matters in Part-II of
the Federal Legislative List;
(18)
Matters incidental or ancillary to any matter enumerated in Part-II of the
Federal Legislative List;
(19)
Complaints as to interference with water supplies (Article 155);
(20)
Implementation of the directions given by the Parliament for action by the
Council under Article 154(6);
(21)
Submission of Annual Report to both Houses of Parliament (Article 153(4);
and
(22)
Resolution of disputes with respect to construction of Hydro electric station
in any Province (Article 157(3).
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SCHEDULE-II
[See rule 10]
MANNER OF SUBMISSION OF CASES TO THE COUNCIL
1.
In respect of all cases to be submitted to the Council, Secretary of the
Division or Chief Secretary of the Province concerned, shall transmit to the
Secretary a concise, lucid and printed Summary, giving the background and
relevant facts, points for decision and recommendations of the Federal
Government or Provincial Government concerned, as the case may be.
2.
The Summary shall be self-contained as far as possible, not exceeding two
printed pages and may include as appendices only such relevant papers as
are necessary for proper appreciation of the case.
3.
Where a reference is made to a previous decision of the Council, the
decision of the Council shall invariably be reproduced in the Summary or
annexed to it.
4.
Where a case concerns more than one Division or the Province, the
Summary shall normally not be submitted to the Council until it has been
considered by the Divisions and/or the Provinces concerned. In case of
difference of opinion, the point of difference should be stated in the
Summary.
5.
The Provinces and the Divisions concerned of the Federal Government
should furnish their comments or views on the summaries for the Council
circulated for the purpose, within two weeks. The requirements of prior
consultation may be waived in very exceptional circumstances but the
Summary must, in that case, be sent to others concerned with the request to
send their views direct to the secretariat of the Council by a given date. The
secretariat would circulate the views, if received in time, alongwith or in
continuation of the Summary.
6.
It shall be the duty of the Secretary to satisfy himself that the summary
submitted by the Federal or a Provincial Government is complete and in the
prescribed form. He may return a case until the requirements of these rules,
have been complied with.
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SCHEDULE-III
[See rule 10]
PREPARATION OF SUMMARIES AND DOCUMENT
A Summary for the Council shall include(a)
(b)
(c)
(d)
(e)
name of the sponsoring Division of the Federal Government or Department
of the Provincial Government;
subject of the case;
name and designation of the officer submitting the Summary
(Secretaries/Additional Secretaries-in-Charge of Divisions concerned in
case of Federal Government and Chief Secretaries in case of Provincial
Government);
place and date of submission; and
serial number.
(2)
The words "SUMMARY FOR THE COUNCIL OF COMMON INTERESTS"
shall invariably appear at a prominent place, above "Subject". It shall be
marked as "SECRET" at the top right corner on first page.
(3)
All papers submitted to the Council shall be marked “SECRET” until
discussion on them has taken place in the meeting. Thereafter, unless the
Council has decided otherwise, the sponsoring Government shall decide
the de-classification of these documents under intimation to the secretariat.
(4)
(a)
The members shall return to the Secretary the summaries supplied to them for decision by discussion in a meeting of
the Council or a Committee of the Council immediately after the discussion
has taken place; and
minutes and decisions circulated by the Secretary immediately after they
have perused them, but not later than fifteen days.
(b)
[F.No.1(1)/2010-IPC-III date 19th July, 2010]
QURAT-UL-AIN,
Deputy Secretary (IPC)
Mr. Ahmed Mahmood Zahid is a law graduate and joined the Civil
Services of Pakistan in 1976. He has served as both Provincial and
Federal Secretary. In addition to his experience as a senior civil servant
his close association with the process of devolution following the 18th
Amendment makes him a valuable resource on the subject. He was
Secretary Ministry of Inter Provincial Coordination as well as being
associated with the Implementation Commission of the 18th
Amendment. After his retirement, he worked as expert with the
commission till June 2011.