Expert Raises Constitutional Concerns Over KP’s Proposed Mines and Minerals Legislation
PESHAWAR – Chairman of the Good Governance Forum and former Inspector General of Police, Dr. Syed Akhtar Ali Shah, has expressed serious concerns regarding certain provisions in the draft Khyber Pakhtunkhwa Mines and Minerals Act 2025, cautioning that several clauses may conflict with Pakistan’s Constitution and potentially undermine provincial autonomy.
In a detailed letter addressed to Chief Minister Ali Amin Gandapur, Dr. Akhtar Ali welcomed the KP government’s decision to publicly release the draft legislation, describing it as a commendable move towards transparency and inclusive governance.
However, he warned that some clauses in the draft bill may not align with the constitutional framework established after the 18th Amendment, especially in matters related to resource ownership and federalism.
Key Constitutional Concerns
Dr. Akhtar Ali highlighted that the draft’s restrictions on provincial authority to grant mineral titles, particularly concerning mineral oil and natural gas, appear to contradict Article 172(3) of the Constitution. This article outlines joint ownership of these resources between the federal and provincial governments.
He further noted that references in the bill to nuclear energy generated through oil and gas were constitutionally misplaced, as only minerals like uranium and thorium fall under federal jurisdiction. Dr. Akhtar recommended revising this language to avoid legal inconsistencies.
Federalism and Institutional Balance
Raising broader concerns about governance structures, Dr. Akhtar criticized what he termed as the institutional overreach of the proposed law. He noted that constitutional bodies such as the Council of Common Interests (CCI) and the National Economic Council (NEC) were seemingly overlooked in favor of the Special Investment Facilitation Council (SIFC).
He argued that this approach diminishes the role of constitutionally established forums for economic planning and coordination, potentially weakening the spirit of cooperative federalism.
Jurisdictional and Legal Clarity
Dr. Akhtar also questioned the authority granted to federal entities to unilaterally designate certain minerals as “strategic” or “rare earth,” calling it an encroachment on provincial jurisdiction. He pointed out that the exclusion of mineral oil and gas from the definition of “minerals” in the draft law created unnecessary legal ambiguity and called for clarification.
In addition, he expressed concern over the reference to the Federal Mineral Facilitation Centre, a body he claimed lacks statutory authority and currently operates under the SIFC. He advised that provincial legislation should not refer to institutions without clear legal standing.
Recommendations for Improvement
Dr. Akhtar urged the KP government to revise the draft legislation in alignment with constitutional provisions, especially the post-18th Amendment framework that grants enhanced autonomy to provinces. He emphasized the importance of upholding the principles of provincial rights, cooperative federalism, and clear legal definitions in resource management.
He concluded by stating that with thoughtful revisions, the proposed law could become a model for balanced, constitutionally sound mineral governance in Pakistan.
