Balochistan High Court (BHC) has ‘set aside’ the notification issued by President Dr Arif Alvi for constitution of the 10th National Finance Commission (NFC), ruling that the appointment of NFC members was unconstitutional.
The bench, comprising Chief Justice Jamal Khan Mandokhel and Justice Nazeer Ahmed Lango, annulled the appointments of Advisor to Prime Minister on Finance Abdul Hafeez Shaikh and the federal finance secretary as members of the Commission on Tuesday.
The court, while issuing orders for implementation of Article 160 for the appointment and procedure of members of NFC Awards, remarked that the Balochistan governor should appoint a new member from the province on the recommendation of Chief Minister Jam Kamal and provincial government.
The order noted that the spirit of the Constitution was not followed in the appointment of Dr Hafeez Shaikh and therefore he could not be a member of the Commission. The bench said the president of Pakistan and NFC both were bound to implement the Constitution of Pakistan.
The NFC is meant to distribute financial resources among the federal government and the provinces. It includes distribution of taxes collected by the federal government which form a divisible pool. According to Article 160 of the Constitution, the president constitutes the NFC after every five years for a period of five years.
After developing consensus between all the stakeholders on a particular formula to distribute the finances, the award is implemented for the next five years.
The bench, comprising Chief Justice Jamal Khan Mandokhel and Justice Nazeer Ahmed Lango, annulled the appointments of Advisor to Prime Minister on Finance Abdul Hafeez Shaikh and the federal finance secretary as members of the Commission on Tuesday.
The court, while issuing orders for implementation of Article 160 for the appointment and procedure of members of NFC Awards, remarked that the Balochistan governor should appoint a new member from the province on the recommendation of Chief Minister Jam Kamal and provincial government.
The order noted that the spirit of the Constitution was not followed in the appointment of Dr Hafeez Shaikh and therefore he could not be a member of the Commission. The bench said the president of Pakistan and NFC both were bound to implement the Constitution of Pakistan.
The NFC is meant to distribute financial resources among the federal government and the provinces. It includes distribution of taxes collected by the federal government which form a divisible pool. According to Article 160 of the Constitution, the president constitutes the NFC after every five years for a period of five years.
After developing consensus between all the stakeholders on a particular formula to distribute the finances, the award is implemented for the next five years.