Consultations between the Ministry of Parliamentary Affairs and the Ministry of Law are ongoing on constitutional and legal aspects.
The consultation process at the government level regarding the creation of new provinces in the country has accelerated, while the Ministry of Parliamentary Affairs and the Ministry of Law are conducting a detailed review of the constitutional and legal aspects.
According to parliamentary sources, implementation of Article 239 of the Constitution is mandatory for the creation of new provinces. The resolutions already passed by the Khyber Pakhtunkhwa and Punjab assemblies have no significance. Before the provincial assembly, a constitutional amendment will have to be passed by a two-thirds majority in the Senate and the National Assembly. At least four articles of the Constitution will need to be amended for the creation of new provinces.
According to parliamentary sources, Articles 1, 51, 59 and 106 of the Constitution will have to be amended. The number of seats in the Senate, as well as the National and provincial assemblies, will have to be adjusted according to the number of provinces. The seats reserved for women and minorities will also have to be determined afresh.
Under Article 239, the bill will first be introduced in either the Senate or the National Assembly. After being approved by a two-thirds majority in both the Senate and the National Assembly, the bill will be sent to the relevant provincial assembly instead of the President.
Under Article 239, the provincial assembly will have to approve the bill with a two-thirds majority. A new province can only be created after the bill is approved by a two-thirds majority in the Senate, the National Assembly and the relevant provincial assembly.
After approval by the provincial assembly, the bill will be sent to the President for assent. Following the President’s approval, the process for the creation of the new province will begin. If the provincial assembly fails to approve the bill by a two-thirds majority, the entire process will become ineffective.
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