Ownership of Karachi's JPMC, NICVD, NICH to remain with federal govt, SC rules

[shahbaz baig]

Ownership of Karachi's JPMC, NICVD, NICH to remain with federal govt, SC rules

Sindh Chief Minister Murad Ali Shah. — File photo

The Supreme Court on Wednesday rejected the Sindh government's request for ownership of three major Karachi hospitals, and wrapped up a dispute between the provincial government and the Centre over the control of the hospitals.

The Sindh government had approached the Supreme Court with the claim that since the subject of health had been devolved to provinces under the 18th Amendment, the management of the hospitals ─ namely the Jinnah Postgraduate Medical College (JPMC), National Institute of Cardio Vascular Diseases (NICVD) and National Institute of Child Health (NICH) ─ should rest with it.

A five-member bench headed by the chief justice had taken up a set of appeals by the Sindh government against the July 4, 2016 verdict of the Sindh High Court, declaring that these institutions fell within the scope of the Entry 16 of the federal legislative list and, therefore, within the exclusive federal domain.

Chief Justice Saqib Nisar who was heading the three-judge bench hearing the case read out the verdict in court today. The reasons behind the ruling would be listed in a detailed judgement later.

The court in its verdict rejected the Sindh government's request and said that control of all three hospitals would remain with the Centre.

 

[shahbaz baig]

Extremely important decision for improving the health care service , already health care facilities under Sindh government in poor condition and lacking basic facilities

Govt & court should also review 18th amendment as it has become a means to loot public wealth for likes of zardari and his clan.

 

[jupiter2007]

Hyderabad should become the capital of Sindh and Whole Karachi division should become Federal territory. This will clean Karachi from political influence of certain parties, reduced Crimes, prevent money laundering and bhatta khori. Karachi can have newly trained custom employees, Federal police, and special unit of FIA.

 

[VCheng]

A five-member bench headed by the chief justice had taken up a set of appeals by the Sindh government against the July 4, 2016 verdict of the Sindh High Court, declaring that these institutions fell within the scope of the Entry 16 of the federal legislative list and, therefore, within the exclusive federal domain.

Chief Justice Saqib Nisar who was heading the three-judge bench hearing the case read out the verdict in court today. The reasons behind the ruling would be listed in a detailed judgement later.

The court in its verdict rejected the Sindh government's request and said that control of all three hospitals would remain with the Centre.

Whose budget finances these institutions?

 

[shahbaz baig]

Whose budget finances these institutions?

Centre (federation). The Entry 16 of the federal legislative list deals with the federal agencies and institutes for the purposes of research or for the professional or technical training or for the promotion of special studies.

the institution was in existence when Karachi was declared the capital city in 1948.

Let the federal government incur the expenses of these hospitals, if the provinces wanted more hospital they could establish them from their own resources. And we know very well what sindh govt already did with whole province which is really horrible.

SC has given a chance to PTI to prove that they are the representatives of Karachi. PTI will not be pleased, they don't have any more pretext to neglect Karachi, and cannot hide anymore behind Sindh government's lack of cooperation.

 

[VCheng]

Centre (federation). The Entry 16 of the federal legislative list deals with the federal agencies and institutes for the purposes of research or for the professional or technical training or for the promotion of special studies.

the institution was in existence when Karachi was declared the capital city in 1948.

Let the federal government incur the expenses of these hospitals, if the provinces wanted more hospital they could establish them from their own resources. And we know very well what sindh govt already did with whole province which is really horrible.

SC has given a chance to PTI to prove that they are the representatives of Karachi. PTI will not be pleased, they don't have any more pretext to neglect Karachi, and cannot hide anymore behind Sindh government's lack of cooperation.

If the federal government pays for these hospitals, then it should have control. Pretty simple. He who pays the piper ......

 

[shahbaz baig]

If the federal government pays for these hospitals, then it should have control. Pretty simple. He who pays the piper ......

After 18 amendment, Sindh Govt also want these three institutions under provincial control. For me 18 amendment is a curse for Pakistan because it divide us into ethnicity.

Just read my whole comment , i hope you can have better understanding.

After 18 amendment 16 departments were transferred from federal government to provincial governments under the 18th Amendment with No further checking authority of federation on the performance of provincial govt. The abolition weakened the federation without necessarily strengthening the provinces.

Few Departments For example
1. Education
Education was one subject devolved at the provincial level. This was done without thinking through that a) whether the provinces are equipped in terms of teachers, infrastructure, educationalists, etc, to develop courses and other related necessary base needed to take advantage and implement this devolution and b) whether all provinces equally have the aforementioned basic variables in place failing which this inclusion would inevitably lead to unequal standard of education in different provinces leading to disadvantage of those provinces lagging behind in many fields CSS being only one of them.


Article 25A was inserted into the constitution: “Right to education: The state shall provide free and compulsory education to all children of the age of five to 16 years in such manner as may be determined by law.” The question stands vindicated by a report that states, “But two years on, the Punjab government has yet to introduce mechanisms for the implementation of the Article.” The direction to be given by a cohesive national, united ideology may/can be/has been compromised.

2. Health
The 18th Amendment created havoc in Pakistan by regulating health to provinces with no checking authority. The provinces are/were ill equipped to handle this critical area of social wellbeing and service to people. “The Drug Act of 1976, the law regulating pharmaceutical sector in the country, and the regulatory structures formed under it for registration, manufacturing, quality assurance of medicines and adjudication of contraventions, etc, also does not exist anymore under the 18th Amendment.”

Pakistan’s markets sell fake pills, capsules, tablets, and syrups of all types, for every type of ailment, according to a report by CNN.

When Yousuf Raza Gilani was the prime minister, the World Health Organisation (WHO) expressed concerns over the devolution of the ministry of health to the provinces via a letter.

Conclusion:
The implementation of the18th amendment required substantial changes in the existing legal, regulatory and policy frameworks on devolved and shared subjects. About 48 federal laws were identified which needed amendments to reflect the intent of the 18th amendment. Rules of Business at federal and provincial levels have been amended and a number of critical issues have been resolved. However, some issues still remain unsettled because of the lack of political will, policy disconnects and the absence of evidence-based strategies hampering the pace and process of transition management.

When responsibilities were signed away by the federation without the infrastructure and mechanisms in place, the 18th compromised the national interests on many levels.

Provincial autonomy and inclusiveness in governance should be the corner stone of a successful political dispensation. One can argue in favour of provincial autonomy however sans the mechanisms needed to make it work, minus the clarity in policies, route of operational funding, minus the skills in different fields needed to deliver, minus the skills needed, minus the will to bring it together at both provincial and federal levels, it is bound to fail.

It would have been better had the learned minds instead of getting rid of 16 departments in one go had transferred this in phases, smoothing out the teething problems systematically as these brilliant minds went along instead of creating a mess.

PTI should put the house in order on this front, but the fact is it will face with a strong opposition, even if a revisit is sought, one doubts anything much will come of it. Which pretty much leaves us with a constitution based on Act of India 1935, the Articles included and changed by Gen Zia and the 18th Amendment all joining together to create a recipe for disastrous governance.

Let me do this:
Pseudo intellectual PPP and haramkhor zalildari ruined the very basic system even health and education

 

[VCheng]

After 18 amendment, Sindh Govt also want these three institutions under provincial control. For me 18 amendment is a curse for Pakistan because it divide us into ethnicity.

I am following the discussion. If the 18h amendment is so problematic, then it can be repealed by the prescribed due process as well.

 

[TheNoob]

18th amendment boils my blood.

Its a even bigger curse than the molvis on this planet.

I am following the discussion. If the 18h amendment is so problematic, then it can be repealed by the prescribed due process as well.

It wont.

The entire reason for it being there is to retain provincial nationalism....

This way, political parties have a stronger ethnic card to play.

Sindh for sindhis mentality.

 

[VCheng]

It wont.

The entire reason for it being there is to retain provincial nationalism....

This way, political parties have a stronger ethnic card to play.

Sindh for sindhis mentality.

Whether it is repealed or not is up to the Parliament as representatives of the people by following the prescribed due process.

 

[Super Falcon]

Hyderabad should become the capital of Sindh and Whole Karachi division should become Federal territory. This will clean Karachi from political influence of certain parties, reduced Crimes, prevent money laundering and bhatta khori. Karachi can have newly trained custom employees, Federal police, and special unit of FIA.

dont think so sindh has rich geographical history many bigger powerfull came to destroy sindh these are leeches i know


so you are telling that **** up entire sindh from hyderabad they dont deserve health facility yet they pay al federal taxes but karachi will get all tax payers help differently

rubbish idea i know and agree these leaders all are corrupt if you want to do something good it is not important you must be in power tell me how much musharaf build hospital in sindh and karachi apart from building bridges at that time no sindhi people were in power but mqm was rulling

 

[jupiter2007]

dont think so sindh has rich geographical history many bigger powerfull came to destroy sindh these are leeches i know


so you are telling that **** up entire sindh from hyderabad they dont deserve health facility yet they pay al federal taxes but karachi will get all tax payers help differently

rubbish idea i know and agree these leaders all are corrupt if you want to do something good it is not important you must be in power tell me how much musharaf build hospital in sindh and karachi apart from building bridges at that time no sindhi people were in power but mqm was rulling

Sindh has rich Geography history.....that’s a B.S argument...
Punjab also has a rich history. Why India administrative divided Punjab into 3 provinces, Punjab, Haryana, and Himachal Pardesh?

As far as developing Sindh, Where is all the development money going?
When there is no accountability things like these can happened. Fill in all the corruption holes, move the South Sindh capital to Hyderabad, move the High Court, provincial assembly and other resources required to run the province.
It will be easier to manage Smaller provinces with accountability and strict anti-corruption laws.

Karachi is our financial hub, we can not continue to allow political parties to destroy Karachi.

 

[TheNoob]

Whether it is repealed or not is up to the Parliament as representatives of the people by following the prescribed due process.

Yes, and that is exactly why it will never be repealed because it strengthens the parliamentary govt and to keep the provincial chest thumping to a high sky....

 

[VCheng]

Yes, and that is exactly why it will never be repealed because it strengthens the parliamentary govt and to keep the provincial chest thumping to a high sky....

Well then, we just have to accept it as a law in force if it is not repealed.

 

[TheNoob]

Well then, we just have to accept it as a law in force if it is not repealed.

Easier said for someone outside of the country.