ISLAMABAD: Prime Minister Shehbaz Sharif has appointed a former federal secretary as chairman of the Indus River System Authority (Irsa), on top of the five-member water regulator nominated by the federal government, the four provinces, and themselves in an unprecedented move that could pit the provinces against the Center.
The decision, which essentially overrides the current chairman, Abdul Hameed Mengal of Balochistan, is also expected to cause a wedge between President Asif Ali Zardari’s PPP and the ruling PML-N, since the new arrangement seems to undermine the regulator’s independence.
In an order, PM’s Secretary Asad Rehman Gilani stated, “The prime minister…is pleased to appoint Mr. Zafar Mahmood, a retired BS-22 Federal Government officer…as chairman Indus River System Authority (Irsa).”
This will now be officially announced via a notification from the Ministry of Water Resources.
PPP leader alleges Zardari has not seen or signed the decree, which could cause a rift between the provinces and the center.
The contentious Irsa Amendment Ordinance 2024, which was returned with concerns to the then-caretaker PM Anwaarul Haq Kakar by then-president Arif Alvi, is what Mr. Mahmood was inducted under. It is still unknown what happened next.
The president had returned the draft ordinance, according to a Ministry of Water Resources official, but only the PM Office and the Presidency knew if the president had accepted it or recommended a reexamination. He added that under Article 48 of the Constitution, the premier—in this case, Mr. Kakar—was entitled to submit the bill again, and it would have become a law after ten days.
The Irsa Amendment Ordinance 2024, he clarified, “has a limited shelf life, so what we know for sure is that it has now been printed [in the Pakistani gazette] and will be placed before parliament to become a permanent act.”
Sindh dismisses the action
A PPP leader said, “This is not only questionable in the eyes of constitutional provisions but also has ramifications for the federation.” The Sindh government had previously rejected the proposal as “illegal” and in violation of the Irsa Act.
He asserted that neither President Zardari nor his signature appeared on the alleged ordinance.
Dawn saw the ordinance, which does not appear to have undergone the required Council of Common Interests (CCI) clearance and appears to neutralize the authority of the current Irsa.
It weakens Irsa’s collective authority, which is made up of four provincial and one federal members. The post of Irsa chairman would no longer be awarded to the provinces.
Currently, the position of chairman is alternated annually in alphabetical order between the provinces and the center. Now, this rotating representation would be for the recently established vice chairman post, which would report directly to the directly nominated chairman.
The chairman now has enormous authority under the new law. With the aid of his own group of “independent consultants and experts,” he will be in charge when it comes to making crucial decisions about the irrigation system, provincial water sharing, and financial autonomy to levy fees, charges, or cessations, among other things.
The existing role of the chief engineering adviser/chairman Federal Flood Commission (CEA/CFCC), who is tasked with carrying out the duties of the chairman or federal member Irsa, will be replaced in the event of the chairman’s absence by another federal government official.
Irsa has the authority to co-opt additional members, subject to the chairman’s suggestion and subject to the PM’s determining terms and circumstances. These individuals would need to “be an employee of the federal government, either serving or retired in BPS-21 or higher.”
The law prohibits the provinces from bringing a complaint against an Irsa judgment to the CCI. Instead, it mandates that a review be submitted to the Irsa chairman, who will make the final decision by oral instructions and with the assistance of a self-appointed “Independent Expert Committee.”
The chairman will be the only person with the authority to ask the federal government to secure any facility or installation with sufficient security “through the Armed Forces of Pakistan or other law enforcement agencies.”
There is a new clause that gives the chairman enormous authority. As to the text, “The authority will have its own secretariat and additional offices comprising of officers, staff, or consultants, as the Chairman may determine necessary to carry out the duties outlined in this act on a periodic basis.”
In addition, the chairman plans to consult with four experts from related fields, two experts from remote sensing, GIS, irrigation, or related engineering, and two experts from hydrology, hydraulic modeling, or related engineering.
