Canal Issue: CCI Decision is flawed

Constitutional body has rendered extra-constitutional decision

nasiraijaz 31 seconds ago

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The CCI chose an entirely extra-constitutional path by referring the matter to the Planning Division and IRSA

Qazi Ali Athar | Karachi

The Council of Common Interests (CCI) is a constitutional body but the decision taken by the CCI regarding the controversial canals is deeply flawed and procedurally deficient.

Under Article 155(2) of the Constitution of Pakistan, the Council of Common Interests (CCI) is constitutionally empowered to take only the following two actions in response to a complaint concerning interprovincial water disputes:

(1) Render a final and binding decision on the matter; or

(2) Request the President to constitute a Commission, which shall conduct a technical inquiry and submit its findings back to the Council for consideration.

The decision rendered by the CCI in this instance is deeply flawed and procedurally deficient. It neither exercised its constitutional mandate to deliver a final verdict on the complaint—such as declaring the proposed canals contrary to national interest, as urged by the complainant—nor did it invoke its authority to recommend the formation of a Commission under Article 155(2).

Read: Awami Tehreek rejects CCI decisions

Instead, the CCI chose an entirely extra-constitutional path by referring the matter to the Planning Division and IRSA, effectively granting them unfettered discretion to proceed with the project subject to a vaguely defined “consensus.” Even more troubling is the fact that the CCI did not stipulate that the matter must return to the Council for final review or ratification once this so-called consensus is achieved.

This decision appears to be a deliberate abdication of constitutional responsibility. It is redolent of bureaucratic maneuvering and raises serious concerns about malafide intent. It undermines the authority of the constitutional forum, sets a dangerous precedent for future water disputes, and compromises the federal balance envisioned by the Constitution.

It’s just a face saver – the usual method of putting things on the shelf or just temporary measure to calm things down.