BHC declares NFC notification in violation of article 160 of the Constitution
High Court sets aside terms of reference set by President for NFC
The Balochistan High Court (BHC) has declared President’s notification in the year 2020 about the national finance commission award in violation of the article 160 of the constitution. The divisional bench comprising chief justice BHC, Justice Jamal Khan Mandokhail and Nazeer Ahmed Langove passed this order on the constitutional petition filed by senior lawyers Kamaran Murtaza Advocate, Attaullah Langove advocate and others.
Membmer National Assembly (MNA) from Gwadar-Lasbella, Muhammad Aslam Bhootani had also challenged the nomination of Javed Jabbar, the former federal minister as member of NFC from Balochistan. Later on, Javed Jabbar resigned as member NFC from Balochistan after opposition from political parties.
The BHC in its order mentioned that the notification in question to the extent of respondent No. 7 namely Abdul Hafeez Sheikh, being member of the NFC, Federal Secretary Finance, being financial expert, and the terms of reference made by the President for the NC is set aside.
Since one of the members from Balochistan has withdrawn his name, therefore, the President may with the consultation of the Provincial Governor, who on the advice of the chief minister or the cabinet to appoint fresh member, the BHC mentioned in its order.
The court further directed that after constitution of the NFC, its members should follow the provision of article 160 of the constitution in its later and spirit.
The bench observed that the federal government will not take steps contrary to the constitution and expressed the hope that the Center would evolve a mechanism to increase the revenue under divisible pool and ensure the best financial discipline it departments.