Pakistan: PM Shehbaz Sharif rescinds `illegal, unconstitutional’ order on IRSA

Pakistan is presently facing a host of problems, including unsustainable debt, very high inflation, a burgeoning population, and unemployment. Sectarian conflicts and tense relations with neighbours, be it India on the east, or Iran and Afghanistan on the west, are added burdens. It is a country groaning from what many Pakistani commentators have called poly-crisis, altogether a new word coined to explain the situation.

In the midst of all this, Shehbaz Sharif took office as Prime Minister of Pakistan on February 29, after the PPP extended outside support to PML-N. As a clear quid pro quo, the PPP wanted the president’s post for its senior leader, Asif Ali Zardari, in return for extending support to Shehbaz. Accordingly, Zardari took the oath as Pakistan’s 14th President on March 10, a day after being elected as head of the country.

Within a fortnight of assuming charge, PM Shehbaz Sharif appointed a new chief of IRSA (Indus River Systems Authority) under an ordinance that had lapsed! According to a Dawn report, “The prime minister… is pleased to appoint Mr Zafar Mahmood, a retired BS-22 Federal Government officer… as chairman of the Indus River System Authority (IRSA),” said an order issued by PM Sharif’s Secretary Asad Rehman Gilani. In double quick time later, Sharif rescinded the order, as it could have created grave distrust between the federal and provincial governments.

In fact, Mahmood’s appointment was one of the first executive actions of the PM. This was done behind Zardari’s back, without consulting or informing him. The order created a furore, with former Defence and Finance Minister Naveed Qamar calling out the PM for his “very serious, illegal, and unconstitutional” order.

Interestingly, Mahmood’s appointment has been done under the IRSA Amendment Ordinance 2024. This ordinance was returned by Zardari’s predecessor, Arif Alvi to Caretaker PM Anwarul Haq Kakar. Mahmood is a strong proponent of Kalabagh dam which is opposed by Sindh. Incidentally, Sindh is ruled by PPP led by Zardari’s son Bilawal Bhutto Zardari. Punjab, from where Sharif hails, is ruled by his party PML-N and CM is his niece Mariyam Sharif.

It is worth mentioning that the two provinces have been at loggerheads over the sharing of Indus waters for several decades. Objections from Sindh have stalled the construction of Kalabagh dam which successive governments of Pakistan have tried to construct since 1960!  Mahmood’s appointment as chairman would have rendered provinces inconsequential, as rotational chairmanship was to be abolished.

The ordinance had not gone through the clearance of the Council of Common Interests (CCI). The members of CCI headed by PM Sharif are CMs of four provinces, Mariyam Sharif of Punjab, Aman Ali Gandapur of Khyber Pakhtunkhwa (KP), Murad Ali Shah of Sindh and Sarfaraz Bugti of Balochistan. In a couple of days, Bugti may assume the year-long chairmanship of IRSA. Then it would be the turn of Gandapur for a year, then Mariyam and lastly, the IRSA chairman would be Sindh CM.

Water-sharing among the provinces is a hugely contentious issue and is done according to a formula devised in 1991. In the past, it has been seen that the provinces fight one another bitterly even when they are headed by CMs of the same party, leaving aside rivals. CCI has been created as a constitutional body that is appointed by the President on PM’s advice. By the appointment of a new IRSA chief via Ordinance route, Sharif was trying to render CCI, provincial CMs and even presidential powers redundant.

This issuance and then cancellation of the order at the beginning of his tenure by PM Sharif is going to deepen distrust of Zardari. President Zardari has already assumed high moral ground vis a vis Sharif by announcing that he will not take salary from the exchequer. Interior Minister Mohsin Naqvi followed suit and made a similar announcement later and these actions are being seen as trying to show Sharif in bad light.