PESHAWAR: The controversy over the appointment of more ministers to the Khyber Pakhtunkhwa cabinet than the permissible number resurfaced in the provincial assembly on Tuesday as the advocate general didn’t show up to give legal opinion on the matter for the second consecutive day.

On Friday, Speaker Mushtaq Ahmad Ghani had directed advocate general Shumail Ahmad Butt to appear in the house on Monday to speak about the issue.

During the assembly sitting on Tuesday, opposition PPP member Ahmad Kareem Kundi said the government had failed to come up with the solution to the cabinet size issue.

He said under the Constitution, the provincial cabinet should have 16 ministers at maximum but currently, there were 17 ministers.

“We have taken oath as members of this house under the Constitution and will strive for the supremacy of the Constitution. The provincial government has violated the Constitution by appointing one minister more than the permissible number,” he said.

AG fails to turn up for opinion on matter, speaker says Shumail Butt busy with SC

The lawmaker said the government had promised on the floor of the house that it would come up with a solution to the issue by Monday, but in vain.

He demanded of the chair to issue a ruling on the matter and declare the provincial cabinet unconstitutional.

Speaker Mushtaq Ghani said the law minister had conveyed to him that the advocate general was busy with the Supreme Court and would appear before the house once he got free.

He didn’t say anything about when the advocate general would show up.

During discussion, the speaker wondered why the government didn’t contact the advocate general over the telephone to get his legal opinion on the matter.

He asked special assistant to the chief minister on information Kamran Bangash to go out of the assembly hall, contact the advocate general on the cabinet size issue, and get back within five minutes to inform the house about his advice on the matter.

However, there came no reply until the assembly was adjourned.

Leader of the Opposition Mohammad Akram Khan Durrani said formula for the ministers’ appointment was crystal clear but the government had inducted 17 ministers instead of 16.

He said its constitutional requirement to de-notify one minister from the cabinet and there was no ambiguity about it but he wondered why the government was waiting for the legal opinion.

“Mr Speaker, you also have your legal team, why don’t you ask it for legal opinion on this issue?”

PML-N MPA Sardar Yousaf said the government was playing delaying tactics on the matter otherwise the advocate general’s opinion could be obtained over the phone.

“We want to protect the sanctity of the Constitution and this august house and therefore, we are debating this issue,” he said.

Parliamentary leader of the ANP Sardar Hussain Babak said if all government departments submitted replies and opinions in writing, why the advocate general wasn’t doing so.

The lawmakers from Malakand and Hazara divisions demanded of the government to declare their regions calamity-hit and compensate farmers as hailstorm and rains damaged their crops and orchards lately.

They said the relief, rehabilitation and settlement department had neither conducted any damages survey nor had it any intention to do so.

Unanimously passing a resolution, the assembly demanded that the federal excise duty on oil be paid to the provinces for their smooth running and development.

The resolution was moved by Jamaat-i-Islami MPA Inayatullah Khan.

He said Article 161 of the Constitution declared that the net proceeds of the federal duty of excise on oil levied at well-head and collected by the federal government shall not form part of the federal consolidated fund and shall be paid to the provinces in which the well-head of oil is situation.

The lawmaker said the federal excise duty had not been paid by the federal government after the enactment of the 18th Constitutional Amendment and therefore, the federal government should constitute a committee to calculate oil excise duty arrears not paid by the federal government.

The chair adjourned the session until today (Wednesday).

Published in Dawn, June 2nd, 2021