New provinces need two-thirds majority in PAs, say experts
ISLAMABAD: The Constitution of Pakistan does not allow establishment or creation of a new province, say Siraiki or Hazara, within an existing federating unit without a two-third vote from its provincial assembly.
The National Assembly and Senate, despite having required strength in favour of an amendment, becomes ineffective in the case of the federating units’ limitations till the respective provincial assembly grants a mandatory 2/3rd approval to a resolution, confirm the experts.
Besides, the president is powerless to give assent to a bill even if passed by two-thirds of the NA and Senate but not by the provincial assembly, they maintain.
Either before or after NA and Senate’s separate approval, a resolution must have 2/3rd, rather a simple majority, vote from the relevant assembly to revise limitations of a federating unit.
Thus, a change in the territorial region of the Punjab is impossible in the presence of its sitting assembly, as the ruling PML-N is the day one opponent of Siraiki province though it agrees in a broader spectrum to create more administrative units.
The same is the case with Khyber-Pakhtunkhwa where ANP, the majority party, opposes Hazara province.
Article 239 of the constitution, which deals with the Constitutional Amendments, makes it clear that the chapter of creation of a new province on the proposed name of Siraiki or Siraikistan, however the doors are open with another name subject to PML-N support.
Experts, including PML-Q’s prominent Senator Wasim Sajjad and Ahmed Owais advocate, left no ambiguity while authenticating that a new province within the limits of the province is impossible unless two-thirds of sitting assembly votes for a new unit. “Yes, you are hundred percent correct that the resolution needs two-thirds approval from a provincial assembly to divide it,” Wasim Sajjad said when asked in specific reference to proposed division of Punjab and Khyber-Pakhturnkhwa.
At the same time, he said the constitution has not made it clear as to whether the provincial assembly resolution is required before or after moving before the NA and Senate. “Therefore it would have the same effect in both ways.”
Ahmed Owais Advocate also read out the constitutional clause and confirmed the importance of the provincial assembly in creation of new province or provinces within its limitation.
The PPP is in a position to meet the two-thirds requirement in both NA and Senate with the help of its ally, the PML-Q, if its all members (50) and MQM (25) support the move to establish the Southern Punjab a new province within presence boundaries of the Punjab. But the situation in Punjab Assembly, equally important for such an amendment, is entirely different.
New provinces need two-thirds majority in PAs, say experts
