The law minister, in a briefing session with the IMF, mentioned that section 46B (8) in the State Bank (Amendment) Bill breaches the constitution.

Talking through a video link, the minister highlighted the newly introduced provision which suggests that the central bank will be consulted on new legislation relating to the State Bank of Pakistan (SBP).

According to Farogh Naseem, the constitution only gives the right of legislation to the parliament and does not mention any consultation with the State Bank of Pakistan. Therefore, the new provision to consult the central bank before proceeding to legislation regarding the institution is a violation of the constitution.

Furthermore, the minister told the officials that the provision was likely to be turned down by the judiciary and the parliament as it clearly violates the constitution.

He moved on to Section 15(1) and declared it unconstitutional, mentioning that it is unauthorized to dismiss governors, deputy governors, or non-executive directors and external members of the Monetary Policy on the basis of misconduct. This can only be done through the approval of the Court of Law.

Farogh Naseem stated that this provision breached Article 25 which focuses on equality of citizens. The minister mentioned that the officials can be dismissed from their duties if proven guilty by the court.

The minister further went on to mention different Articles that the new provisions violated which included NAB Ordinance 1999, and FIA Act 1974.

Finally, the minister concluded that as the government does not have a two-thirds majority in the parliament, therefore, the constitution can not be amended. He further said that it would require several months for the bill to be legislated and therefore it is not possible to pass the bill before the 17th of December.

Source: Pro Pakistani