Federal Government can Sue , Provincial Government if it's performance is "Zero"

[AZADPAKISTAN2009]

Pakistan's Government is clearly divided between two train of thought

a) Federal Authority (Or Federal Government)
b) Provincial Authority (Or Provincial Government)


In an idealistic scenario , the Provincial Government is run by group of highly educated and competent and mentally sane people , who excel in planning and performance. You need a mix of experience , hard work and capability to run Provincial Government.

You can win an election in Province but if you can't perform

• Collect Garbage in cities on Time
• Ensure Medicine Supplies are present in Hospitals
  
• Hospitals are staffed with Doctors and Nurses
  
• Food supplies are steady and their is no shortages
  
• Water supplies are present so no water shortages exist
  
• Tax collection mechanism exist
  
• Police is hired , which has brave hard working officers who keep the streets safe
• Education institutes are running at all levels (Primary , High Schools , Universities)
  
• Traffic control and Transport
  
• Trade concerns
  
• Streets are maintained , parks are maintained
  
• Electricity is abundant
  
• Gas is abundant

So these are general expectations from a Province's government

Now if the Provincial Government can't do these above Jobs , due to Mental Illness or Corruption and Intent to do harm to State of Pakistan by spreading anarchy , the Citizen's Right needs to protected becasue a Crime is being comitted against the Right of Citizen of the state


Now every Citizen who is effected by the lack of supplies of food , lack of doctors , lack of school or lack of transport can legally Take their Legal case to Supreme court

Or the Federal Government can take petition from Citizens of Pakistan , to Court and claim that the Sindh Government , is not performing and due to their none capability to perform

Federal Government must impose Emergency in Sindh


Federal Government has given Sindh almost 8 billion Dollars for Sindh , and extra 1.5 billion Dollar for Karachi

However the Satisfaction from Performance in Sindh by Sindh Province is low and is continously falling badly


In such moments the Government at Federal Level and Army must hold a joint session to impose Emergency in Sindh

That is the only way forward ​

Way forward after Emergency in Sindh

• Federal Government will announce temporary Governors in Sindh

• Rangers will take over the food supply depots and go after hoarders

• Anti Corruption units can target the expenses where the 10 Billion Dollar are going in Sindh ????

• 3 Day Tribunural in Sindh should be a realistic approach to figure out corrupt politicians what they did with the money for past 1.5 years

• Rangers will keep an eye on the Food depots and Gas supply

Federal Government's main responsibility is the Money it has allocated for Province are reaching People's welfare !!!


Provincial Bodies are answerable to Federal Authority


With enough complaints from citizens , and Federal Authority's agreement Supreme court can be approached in order to suspend the Sindh Provincial Body for inability to perform basic duties


Charges:
Failiure to Perform and deliver basic services with even minimum performance criteria

 

[AZADPAKISTAN2009]

Federal Government / Parliment rules over ride Provincial Government's made rules
http://www.pakistani.org/pakistan/constitution/amendments/18amendment.html

18th Ammendment Clause

50. Substitution of Article 143 of the Constitution:
In the Constitution, for Article 143, the following shall be substituted, namely:-
"143. Inconsistency between Federal and Provincial Law:
If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void."

if Parliment (Federal Government feels ....the actions or acts of Provincial body are wrong the rules made by Parliment will be considered not that of Province )


Meaning ~
Law created by Federal Parliament > Law created by Provincial Body
It does not matter when the Federal Law was passed it will always be valued more
Why?
Because

• Pakistan> Sindh

Stopping Sindh Government to Take Foreign Loans

Sindh Government can't take out foreign Loans , unless they are in accordance with recommendation by Economic Council


61.Amendment of Article 167 of the Constitution.-
In the Constitution, in Article 167, after clause (3) the following new clause shall be inserted, namely:-
(4) A Province may raise domestic or international loan, or give guarantees on the security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council. (Need to meet conditions set forth by Prime Minister who sits in Economic Council)



156. National Economic Council
(1) The President shall constituted a National Economic Council which shall consist of-
(a) the Prime Minister (IMRAN KHAN NIAZI), who shall be the Chairman of the Council;

(b) the Chief Ministers and one member from each Province to be nominated by the Chief Minister; and

(c) four other members as the Prime Minister may nominate from time to time.

(2) The National Economic Council shall review the overall condition of the country and shall, for advising the Federal Government and the Provincial Governments, forumulate plans in respect of financial, commercial, social and economic policies; and in formulating such plans it shall, amongst other factors, ensure balanced development and regional equity and shall also be guided by the Principles of Policty set out in Chapter 2 of Part-II.
(3) The meetings of the Council shall be summoned by the Chairman or on a requisition made by one-half of the members of the Council.
(4) The Coucil shall meet at least twice in a year and the quorum for a meeting of the Council shall be one-half of its total membership.
(5) The Council shall be responsible to the Majlis-e-Shoora (Parliament) and shall submit an Annual Report to each House of Majlis-e-Shoora (Parliament).


Important word
"Regional Equity" i.e Karachi is treated equally like Lahore or Islamabad
"Regional Equity" water is present in Karachi
"Regional Equity" wheat is present in Karachi , Hyderabad


Now if the Province can't meet the Regional Equity criteria ... Prime minister can suggest emergency , or recommend emergency in Province



Main points

a) Parliment (Federal) can pass laws , which will always be greater in value then Provincial
if the federal authority feels it is in best interest of country

b) Sindh Government has to follow guidelines set by Economic council , chaired by Prime Minister and President , before any external loans are taken

c) The Economic council (lead by Imran Khan) can also asses , the performance of Province and make a judgement call if they are performing well or not and suggest actions

Example of actions
a) Emergency in Sindh , it would be a very valuable judgement by Economic council

 

[Sine Nomine]

There should be no garbage known as Provincial Government to begin with,all provinces divided up.Governor for each province acting has head of provincial government.
Only election at Republic level,each local MNA being head of local bodies and representative of it's area in National assembly.

1. One Nation
2. One President
3. One National Assembly
4. One Syllubus for whole state
5. One Police Department

Pakistan at this stage carries too much extra useless baggage on it's weak legs.Pakistani political class at any given day is like look busy do nothing.
@Mangus Ortus Novem

 

[AZADPAKISTAN2009]

Another example

Provincial Government claims , only they can take care of Karachi and refuse to do anything claiming they have complete control

Well the Constitution is saying , the Prime Minister and his team can evaluate the situation as part of the National Economic Council , and suggest actions by Federal Parliment

Then the constitution also says

"Any law which is passed in Federal Parliment (before or after), which conflicts with Provincial Law, the Federal Law will be more valuable and followed"

PTI can just bring a new law (Federal Parliment law) where Karachi is governed by Federal Funding and new law will cancel any Provincial Law made in Sindh


Technically PTI can introduce law to change governance of Police bring a federal law and that law will "cancel" past laws made in Sindh Assembly

Federal Law > Sindh Law

 

[Sine Nomine]

Brother mine,

Couldn't agree more... furthermore, we need to reduce more than half of the Cancer of Babucracy...

When we do cost analysis ... you will realise that JumWhoriat is costing us more than it has ever delivered and that for a country like Pakistan.

Direct elections at Division level or even better still at district level... money goes directly to the Zila Nazim...

I am more for National Development Plan for all fundamental infrastructure (agro, health, connectivity, energy, transmission, transport and education etc.)...to bring the costs down and create standardisation as well... now all development funds go missing as we find roads on paper alone..

However, we need to find a Hybrid solution... with direct election of Governors... to have this bloody provincialism cressed....

A National Governance Performance Management System added by Artificial Intelligence to monitor KPIs of the Babuz... and based on National Rules Engine to form consistency from Thar to Waziristan district...

Unless we do fundamental restructuring of PakState we shall never become anything...let alone a middle income country....

And for this we need a new Consituition...as well... and not this bag of contradiction that we have now...

A System only works when there is Flow in the Processes... the failure of the current proves this!

Mangus

There is no way without resconstructing the whole system.
The system made to control slave labour,won't serve a free man.
This anglo saxon system in place was made to control slaves in an Asian colony,not even a part of it's whole body was made to serve a free man with self respect and dignity.

 

[AZADPAKISTAN2009]

I think the Gap is in PTI's Political advisory team , lawyers who can point these items to Prime Minister
because if Provincial government cannot meet expectations of "equality in region" their powers can be reduced by Federal Law in parliment

Example of failiure by Provincial Government under 'Equality in region' criteria

• Sindh Government can't clean up streets in Karachi , Hyderabad
  
• Sindh government can't pick up wheat supplies from Punjab
  
• Sindh government can't manage gas distribution supply and demand ratio
• Sindh government can't improve police and security in Karachi / Hyderabad
  
• The price fluctuations not controllable by Sindh

'Equality in region' criteria is not being met by Sindh Government , Karachi , Hyderabad and even rural areas like Thar are suffering

Now since it is in constitution , it would be ok for Army and PTI to work together to fix sindh with emergency

The Prime Minister has authority to spot the failiure and fix it from Parliament vote
a) Impose emergency in sindh
b) Revoke powers of sindh over cities

100% Legal , fast efficient way to deal with Sindh and PPP​

 

[Protest_again]

To be fair, the budget the sindh govt gets to play with is meager. What can you expect them to do?

Sindh population - 4.79 crores
Total expenditure in budget - 1.217 trillion PKR (8 billion dollars)

Andhra Population - 4.97 crores
Total expenditure in budget - 2.279 trillion INR (32 billion dollars). That is close to Pakistani central budget (35 billion dollars) or 4 times the Sindh budget.

Clearly, it is time for center to devolve more to provinces to see the needed development, not the other way around.

 

[AZADPAKISTAN2009]

Sindh have been given 8 Billion Dollars
Karachi is given extra 1.5 Billion Dollar

At a time when we had to take external loans Federal Government has given Sindh massive amount of money

• Just 0.5% of 10 Billion dollar can clean up Karachi
  
• Just 0.5% of 10 Billion dollar can run New Air Conditioned 1000 buses in Karachi
• Just 1% of 10 Billion dollar can paint up majority of streets in Karachi
• Just 1% of 10 Billion dollar can grow million trees in Karachi

Sindh have been given unprecedented amount of money a record amount granted
since 2018

The provincial Level performance of Sindh is Massively Disappointing which is why their control is needed to be reduced over major cities and funds reclaimed


Now food shortages = Anarchy , and this is why Military and PTI will need to sit together to figure out what to do with PPP

The Prime Minister has constitutional Right as Prime Minister , as Leader of National Economic Council , to oversea Provinces and their performance, and he has right to recommend new laws in Parliment , which can trigger a reduced role for Sindh

The laws passed in Parliment will have greater power then Provincial Laws becasue State Laws greater then Province Laws

After which it would be a trivial clean up of Corrupt Mafia in Sindh

 

[Nasr]

As far as I am concerned, if I was in power (and I mean real power) I would round up all the corrupt, filthy swines in Sindh have them publicly executed, burn them at the stake. Confiscate their wealth and put into the National Treasury to be used to poor of Sindh. And then take that same method and put it to work in the rest of Pakistan. These swines, who call themselves Muslim, and proclaim to be Pakistan is, are traitors and should be dealt with, brutally, savagely and with zero remorse.

 

[AZADPAKISTAN2009]

Pakistani Government can declare Emergency in Sindh and shut it down it is 100% Legal


Federal Government can

• Cancel any Province Law
• Bring a brand new Law apply it by Force
• Call Emergency in Province
  
• Cancel any appointment by bringing a new Law at Federal Level

If Province is failing Emergency can be declared
View attachment 601051

232 Proclamation of emergency on account of war, internal disturbance, etc.
(1) If the President is satisfied that a grave emergency exists in which the security of Pakistan, or any part thereof, is threatened by war or external aggression, or by internal disturbance beyond the power of a Provincial Government to control, he may issue a Proclamation of Emergency

[Provided that for imposition of emergency due to internal disturbances beyond the powers of a Provincial Government to control, a Resolution from the Provincial Assembly of that Province shall be required:

Provided further that if the President acts on his own, the Proclamation of Emergency shall be placed before both Houses of Majlis-e-Shoora (Parliament) for approval by each House within ten days. ]




No need to ask Sindh to Impose Emergency !!!



Role of Prime Minister
Prime Minister can review performance of Province and recommend new laws or Change in Parliment , the new laws can cancel Province's law\

Done with National Economic Council , Prime Minister heads that council

President
President can impose emergency if they feel Sindh Government is not doing it's Job
He does not need an approval from Sindh , it is suggested to get approval from Sindh assembly but he can act on his own


Power to Change the Law
(4) Nothing in this Article shall restrict the power of a Provincial Assembly to make any law which under the Constitution it has power to make but if any provision of a Provincial law is repugnant to any provision of an Act of 655[Majlis-e-Shoora (Parliament)] 655 which 656[Majlis-e-Shoora (Parliament)] 656 has under this Article power to make, the Act of 657[Majlis-e-Shoora (Parliament)] 657, whether passed before or after the Provincial law, shall prevail and the Provincial law shall, to the extent of the repugnancy, but so long only as the Act of 658[Majlis-e-Shoora (Parliament)] 658 continues to have effect, be void


Translation:
Province can make their laws , but if law is made in Parliment (Federally) which conflicts with Province , the law made in Parliment will be accepted (always)