Can Balochistan PA amend federal law over Reko Diq: SC
ISLAMABAD: The Supreme Court on Thursday deliberated over the question whether the Balochistan Assembly enjoyed the legislative competence of encroaching upon the federal jurisdiction to amend a federal law.
A five-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, was hearing the presidential reference on the reconstituted Reko Diq joint venture agreement.
Senior counsel Dr Farogh Naseem, in his capacity as amicus curiae (friend of the court), came up with a solution, suggesting that the amendment in the act be considered as a stand-alone statute.
He said the court, in its answer to the presidential reference, may state that Section 7, inserted by the Balochistan Assembly in the Regulation of Mines and Oilfields and Mineral Development (Government Control) Act (RMOMDA) 1948, does not conflict with the latter.
Counsel says going back to provincial legislature at the moment is 'very difficult'
Being a federal law, the RMOMDA vests subjects like oilfields, gas fields and the nuclear issue in the federation whereas issues like minerals in the provinces.
The CJP, however, observed that the law may not be hybrid and may not be complete on its own, adding it was a provincial law borrowed from the federal act "head to toe".