ISLAMABAD - To avoid a constitutional impediment while passing an act of Parliament for the establishment of Naya Pakistan Housing Authority (NPHA), the task force expected to finalise a resolution for its onward passage from any of the provincial assemblies under Article-144 of the Constitution of Pakistan, 1973. The incumbent government had announced its 'flagship' housing project around three weeks ago wherein it had announced to give five million houses to the homeless population of the country.
The new housing authority as announced by Prime Minister Imran Khan would act as an umbrella organisation to plan, facilitate, regulate and even implement the said gigantic project thorough a one-window operation across the country.
A high-powered task force is already in place under the headship of the prime minister to articulate this election's promise into the reality. Sources informed that to provide a legal framework for the formulation of NPHA, the legislation is in the final stages of its drafting in the Ministry of Housing and Works while the Ministry of Law and Justice is also on board in this regard.
However, the federal government is barred from making such legislation according to the Constitution of Pakistan as the housing function had already been devolved to the provinces.
The Prime Minister's task force on said project in its recent meetings has decided to end this constitutional impediment by asking one or even more provinces to pass a resolution according to the article 144 of the constitution of Pakistan to enable the federal government for making a law in this regard. "The task force which is most likely to meet in a few days would approve a 'draft resolution' for its further approval from respective provincial assembly", a senior officer informed the Nation, adding: "The resolution would be passed by a province or provinces where the ruling party or its allies are in power."
According to Article-142 of the constitution, the Parliament cannot make a law with respect to any matter, which is not enumerated, in the Federal Legislative List. The said list includes 59 areas where the Parliament is mandated to make the laws.
However, the constitution in Article-144 enables the Parliament to make a law in the areas, which are otherwise in the exclusive domain of the provinces but with their consent.
"If one or more provincial assemblies pass resolutions to the effect that Majlis-e-Shora (Parliament) may by law regulate any matter not enumerated in the Federal Legislative List in the fourth schedule, it shall be lawful for parliament to pass an Act for regulating the matter accordingly, but any act so passed may, as respects any province to which it applies, be amended or repeal by act of the Assembly of that province", the said article read.
However, when questioned regarding any possible resistance from the provinces in this regard from a senior officer closely associated with the project he replied: "The Pakistan Tehreek-e-Insaf (PTI) and its allies are in power in three provinces while we are also not expecting any blow from Sindh province as well"
"The proposed NPHA's act would only enable the authority to regulate the project while the implementation would be carried out by provinces", he said, hoping: "I am not convinced that the provincial government of the Pakistan People’s Party (PPP) would resist the project."
MUHAMMAD ASAD CHAUDHRY