Be it politics or the economy, mishandling of federal principles is doomed to cause harm to any federation. This fact has a proven history attached to it speaking loudly that the constitutional contracts agreed upon between federating units pave a smooth road to the development and prosperity of the federations.
But it seems as if we {in Pakistan} are ignorant of understanding the lessons that the nations around the world have drawn from their centuries-old history otherwise neither had Prime Minister Shehbaz Sharif withdrawn the notification of the new Indus River System Authority (IRSA) chairman nor had IRSA itself stood by with the elements which attempted to change the federal character of the authority.
Prime Minister Shehbaz Sharif had to withdraw the notification of the new Chairman IRSA Zafar Mahmood after stiff resistance from Sindh. But mind it, the amendment to the IRSA Act is still intact.
Chief Minister Syed Murad Ali Shah made a telephone call to the Prime Minister and conveyed to him a very strong message from the province, reportedly saying that the appointment of Chairman IRSA under the controversial amended IRSA Act by the caretaker government was not acceptable to the province.
A day earlier, Syed Naveed Qamar, former Minister for Water and Power, also spoke on a point of order in the National Assembly and raised concerns on the appointment of a retired bureaucrat as Chairman IRSA. “On the very first day, if we start encroaching upon the rights of the provinces then how do we function as a federation, he asked. It was the first illegal act of the present government to appoint the chairman hurriedly without bringing the law to the floor of the house, he said.
He lashed at the new government for hurriedly appointing the IRSA chairman without placing the ordinance on the floor of the house.
Just two months before the termination of the tenure of the caretaker government in Islamabad, the news appeared in a section of the press that the government was busy moving an ordinance aimed at amending the IRSA Act for handing it over to the federal government. Very few know how and when it started, the move went on despite severe reaction in the provinces, especially in Sindh. Even the sections of the caretaker Sindh cabinet opposed the move but it fell on deaf ears.
The new amendments that surfaced at last had three major rather unconstitutional alterations.
One, the federal government would appoint the chairman of the authority which otherwise has to be looked after by the Council of Common Interest (CCI). The new chairman would either be a serving or retired government servant of grade 21.
Two, the members {provincial representatives} of IRSA would select from among a vice chairman who otherwise as per the actual IRSA Act were taking turns holding the office of chairman.
Three, the chairman was empowered to seek the help of law enforcers to ensure the security of the installations. The enforcers include the army too.
The amendments in the IRSA Act were rejected by water experts and political circles who believed that the amendments would change the nature of the authority and centralize the system. It has also raised questions about the very water accord in place for the distribution of water resources between the provinces.
The political and social circles along with the engineering community in Sindh spoke against the appointment of the new Chairman IRSA without taking the province into confidence.
Also, this month the Sindh cabinet expressed reservations about the recent appointment of Zafar Mahmood whom the people in Sindh knew as a known advocate for the controversial Kalabagh Dam, as Chairman of the Indus Rivers System Authority (IRSA).
Mahmood has long been running a campaign for the construction of large storage dams, especially the Kala Bag Dam.
“The Sindh cabinet believes that the IRSA chairman should be selected from among the members of the provinces or the federal government. Appointing someone from outside would be a clear violation of the water accord,” said the Sindh cabinet in its first meeting chaired by Chief Minister Syed Murad Ali Shah.
Zafar Mahmood, the newly appointed IRSA chairman, has been an outspoken supporter of Kalabagh Dam, dismissing the concerns of provinces like Sindh, Khyber-Pakhtunkhwa, and Balochistan. His appointment has raised objections, not only from the public but also from writers, civil society members, and even leaders within the ruling PPP.
“Zafar Mahmood has consistently rejected Sindh and smaller provinces’ concerns over the controversial dam, especially Kalabagh. How can one accept this appointment?” questioned PPP leader and former senator Sassi Palejo. PPP leaders in Sindh have vowed to approach the federal government to reconsider the decision.
After such a reaction, Prime Minister Shehbaz Sharif withdrew the notification of the new Chairman of IRSA Zafar Mahmood.
According to a letter written by Secretary to Prime Minister, Asad Rehman Gilani “the orders of the Prime Minister’s Office of March 12, 2024, for appointment of Zafar Mahmood, a retired BS-22 Federal Government Officer, as Chairman IRSA may be treated as withdrawn. Further necessary action shall be taken accordingly.”