PESHAWAR: A recent government notification granting the minister’s status to former aide to the chief minister on finance Muzammil Aslam triggered a controversy in the provincial assembly on Monday as the opposition called the move unconstitutional.

During a sitting chaired by MPA Mohammad Idrees, the opposition members insisted that the law didn’t allow the cabinet’s strength to be more than 15 but the ministers, showed on the government’s official website, totalled 17.

Member of the opposition Pakistan Peoples Party Ahmad Karim Kundi, who raised the issue, said the government had violated the law by notifying Aslam, the former adviser to the chief minister on finance, as a provincial minister.

He said under Clause 6 of the Constitution’s Article 130, the cabinet’s strength should not exceed the mark of 15 or eleven per cent of the total provincial assembly members, whichever was higher, so at least one cabinet member was illegal.

Insists cabinet’s strength exceeds constitutional limit; minister says AG to be consulted on matter

Mr Kundi urged the chair to immediately call the advocate general with the resignation of at least one minister and insisted if that didn’t happen, all cabinet decisions would be considered unconstitutional.

“No one will allow an adviser to the chief minister to attend the meeting of the National Finance Commission,” he said.

The lawmaker said the speaker should give a ruling on the matter.

Law and parliamentary affairs minister Aftab Alam Afridi informed the house that the advocate general would be consulted on the matter.

“We will do everything in accordance with the Constitution,” he said, adding that Mr Aslam had not taken oath as a minister.

Mr Afridi criticised the opposition for “never highlighting unconstitutional steps taken by the federal government.”

“No one raised a voice over the government’s refusal to hold general elections within 90 days. We never heard anything about it from the opposition and not even a condemnation,” he said.

PPP lawmaker Kundi insisted that an unelected person could become a minister but the notification of Aslam’s appointment as a minister was unconstitutional and was issued though the member didn’t take oath of his office.

He said the provincial ministers totalled 17 according to the assembly’s website.

MPA Mushtaq Ghani said it was the prerogative of the chief minister to give anyone the “status equivalent to a minister’s.”

He added that Mr Aslam couldn’t be called a minister until he took the oath of office.

During the session, treasury member from Khyber tribal district Abdul Ghani claimed that the state institutions carried out a quadcopter strike in Tirah valley on Nov 6, targeting students of a seminary.

He demanded the chair order an inquiry into the strike, which left two children dead and five injured.

“The state institutions are supposed to be protecting us but unfortunately, they’re killing our children. This house should formally ask them why quadcopter attacks are carried out against children,” he said.

The lawmaker warned that if such an attack happened in future, he would bring the bodies of its victims to the house.

The assembly adopted a resolution, demanding of the provincial government to include “Seeratun Nabi” as a compulsory subject in the courses from primary to higher education levels.

The resolution, moved by treasury MPA Abdul Salam, also called for the introduction of Pashto and Urdu as a subject for commissioned and non-commissioned officers at Pakistan Military Academy Kakul and National Coaching Academy.

On a calling attention notice, member of the opposition JUI-F Adnan Khan said the CTD fell within the jurisdiction of the police department.

He added that 450 posts were sanctioned for merged tribal districts and even tests were conducted but interviews were not held, depriving tribesmen of employment.

The lawmaker said the chief minister had promised to operationalise CTD in the region and since residents could perform better than those posted from other districts, the relevant house committee should examine the matter.

Law minister Aftab Alam Afridi said those posts were sanctioned by the finance department in 2020 before being advertised but the recruitment process was later stopped.

He added that it was suggested to depute experienced officers on deputation.

The chair referred the notice to the relevant committee for consideration and recommendations.

Mr Afridi tabled the KP Overseas Pakistanis Commission Bill, 2024, and KP Law Amendment Bill, 2024, in the house, while minister for local government Arshad Ayub introduced the KP Parks and Horticulture Authority Bill, 2024.

The lawmakers also adopted a motion allowing the Children’s Parliament to hold a session in the house to commemorate World Children’s Day on Nov 20.

They prayed for the people, who lost lives in the Quetta railway station bombing.

The chair later adjourned the sitting until 3pm today (Tuesday).

Published in Dawn, November 12th, 2024