‘Ord Promulgation’: President ‘returns’ summary unsigned seeking IRSA’s restructuring

ISLAMABAD: President Dr Arif Alvi Alvi has returned a summary unsigned to the Caretaker Prime Minister, seeking the promulgation of an ordinance to restructure the Indus River System Authority (IRSA).

According to official sources, the president declined to sign the summary and has urged the caretaker premier to review the summary, given the sensitivity of the issue which could cause controversy between provinces.

The federal cabinet had approved the summary of the Water and Resources Ministry, aimed at the promulgation of an ordinance to restructure the water regulator. It mandated the prime minister to initiate a summary to the president for promulgation of the ordinance.

On the other hand, the Election Commission of Pakistan (ECP) has also stopped the interim government from restructuring the IRSA through the ordinance. Earlier, the ECP had prevented the government from restructuring the FBR and privatizing PIA.

Earlier in the CCLC meeting, caretaker Federal Planning, Development, and Special Initiatives Minister Muhammad Sami Saeed had objected to the summary, and argued that the ministry had initiated the summary without taking the provinces on board.

During the meeting, the law division had clarified that IRSA could be restructured by the federal government, although the Common Council of Interests (CCI) is the forum to discuss and decide water-related issues.

The ministry’s, however, officials had insisted that the ministry would move the summary to the federal cabinet for approval.

Consequently, the federal cabinet approved the summary and the prime minister forwarded it to the president for a final approval, but the president returned it to the premier for “a review.”

Currently, IRSA consists of five members, one nominated by each province and one by the federal government. If the IRSA ordinance is approved, the prime minister would have the authority to appoint a serving or retired employee of the federal government in BPS-21 or above as chairman of IRSA, without voting rights. However, the chairman would possess veto powers to review grievances from any provincial government, IRSA member or Wapda against the authority’s decisions before making any reference to the Council of Common Interests (CCI).

According to the summary, a vice chairman position would be established, held by one of the four provincial members on a rotational basis annually. Additionally, an independent water expert committee would be formed to assist the chairman and the authority on technical matters. IRSA would also be empowered to take action against individuals and entities engaged in water theft, tampering with water data and other illegal or fraudulent activities as per the law.

Independent water experts emphasise that Sindh, as a low-riparian federating unit, is particularly sensitive to water availability issues, as water is essential for both Sindh and Balochistan. During the Musharraf regime, when the country had faced water scarcity due to a prolonged drought, a federal member position was created to resolve disputes between provinces regarding water releases.

Initially appointed from Sindh, the federal member has since been primarily from Punjab. If the chairman is appointed from the bureaucracy by the prime minister, Punjab and the federal government would effectively have greater representation in the authority, potentially exacerbating the sense of deprivation among the smaller provinces in decision-making processes.

Currently, the chairmanship of IRSA rotates among the four provincial members, although the federal government contends that provincial appointees tend to prioritise their provinces’ water interests, leading to conflicts when they assume the chairmanship. However, decisions on water issues in IRSA are made based on majority votes.

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