' QAZI FAEZ ISA, C.J.---These two constitutional petitions pertain to similar points and therefore, are being disposed of by this common judgment. In .Constitution Petition No,218 of 2014 the following prayer is made:- "(a) Declaring that the Government of Balochistan while approving the annual budget statement for the current financial year 2013-14 through provincial assembly is violative of Article 120 to Article 124 of the Constitution of Islamic Republic of Pakistan, 1973 and the relevant provisions of provincial assembly Balochistan Rules and Procedure and Conduct of Business, 1974 amended from time to time.
(b) Declaring that the Government of Balochistan has approved the Annual Budget Statement by way of block allocation and its distribution for violation of constitutional provisions referred to herein above as well as relevant procedure and rules of business for the reason to permit the use allocation of the funds to MPA/Notables at their sole discretion without specifying the purpose in the budget statement as such act on the part of executive is not only unconstitutional as well as against the constitutional guarantees of the public at large of the province of Balochistan.
(c) After declaring the act of Government of Balochistan regarding approval of Animal Budget Statement for the current and financial year 2013-14 being violative of mandate of the Constitution of Islamic Republic of Pakistan 1973, the same be declared as-null and void having no legal effect.
(d) After declaring so Government of Balochistan be directed to approve annual budget statement in terms of provision of Constitution of Islamic Republic of Pakistan 1973 and the relevant procedure and conduct of business and to utilize the budget and funds in a. Manner as directed by the honourable Supreme Court in its judgment dated 5-12-2013.
(e) Pending disposal of main petition, the respondents may be restrained for further utilization of the funds in terms of policy framed by Government of Balochistan for utilization/distribution of block allocation/ distribution.
(f) Any other relief which this honourable Court may deem fit and circumstances of the case may also be awarded in favour of petitioner and against the respondents in the interest of justice."
2. Messrs Muhammad Qahir Shah and Amanullah Batezai, Advocates appear for the petitioners.
Messrs Akhtar Jan Mengal and Hammal Kalmati, Members of the Provincial Assembly of Balochistan, filed an application (C.M.A. No, 1228/2014) wanting to be joined as petitioners, which was not opposed, and they were ordered to be, arrayed as petitioners. They were represented by their attorney Mr. Agha Hassan Baloch, who is also an advocate. Both Messrs Amanullah Batezai and Agha Hassan Baloch adopted Mr. Muhammad Qahir Shah, Advocate's submissions, who stated that Articles 120 to 124 of the Constitution of the Islamic Republic of Pakistan, 1973 ("the Constitution") are not being complied with and in particular members of the Balochistan Provincial Assembly ("MPAs") are allocated three hundred million rupees each per year, which is utilized at their sole discretion. He further stated that bulk allocations are also made without identifying the particular projects. In these petitions question of the provincial consolidated fund is not involved, but is restricted to the annual matter of budget statement, particularly sub-article (1) of 120, sub- Article (2) of Article.122, Article 124 and Article 125, respectively reproduced hereunder:-- "120. Annual Budget Statement.
(1) The Provincial Government shall, in respect of every financial year, cause to be laid before the Provincial Assembly a statement of the estimated receipts and expenditure of the Provincial Government for that year, in this Chapter referred to as the Annual Budget Statement."
"122. Procedure relating to Annual Budget Statement.
(2) So much of the Annual Budget Statement as relates to other expenditure shall be submitted to the. Provincial Assembly in the form of demands for grants, and that Assembly shall have power to assent to, or to refuse to assent to, any demand, or to assent to any demand subject to a reduction of the amount specified therein:"
"124. Supplementary and excess grant. If in respect of any financial year it is found--
(a) that the amount authorized to be expended for particular service for the current financial year is insufficient, or that a need has arisen for expenditure upon some new service not included in the Annual Budget Statement for that year; or
(b) that any money has been spent on any service during a financial year in excess of the amount granted for that service for that year; ' the Provincial Government shall have power to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that Fund or not and shall cause to be laid before the Provincial Assembly a Supplementary Budget Statement or, as the case may be, an Excess Budget Statement, setting out the amount of that expenditure, and the provisions of Article 120 to 123 shall apply to those statements as they apply to the Annual Budget Statement."
"125. Votes on account.
' Notwithstanding , anything contained in the foregoing provisions relating to financial matters, the Provincial Assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year, not exceeding three months, pending completion of the procedure prescribed in Article 122 for the voting of such grant and the authentication of the schedule of expenditure in accordance with the provisions of Article 123 in relation too the expenditure."
' Reliance was also placed upon the judgment of the Hon'ble Supreme Court in the case of Action against Distribution of Dept. Funds by Ex-P.M Raja Parvez Ashraf (PLD 2014 Supreme Court 131). The learned counsel states that whilst the said judgment pertained to the Federal Budget and the National Assembly involving Articles 80 to Article 85 of the Constitution the same would also be applicable to the Provincial Assembly of Balochistan as the said articles are pari materia to Articles 122 to 124 pertaining to the provincial assemblies.
3. The learned counsel for the petitioners state that the allocating monies to members of legislative bodies and other so called notables was introduced when the country was governed under martial law by a dictator, namely the late General Zia-ul-Haq. He states that this methodology was introduced to buy loyalties and was tantamount to, corruption; the dictator also wanted to create a purported 'political' base for himself. Mr. Muhammad Qahir Shah states that it was expected that when the democratic order was restored this illegal and unconstitutional practice would be discontinued, but unfortunately this practice was continued by subsequent civilian governments as well.
4. That since interpretation of the Constitution was involved we had also issued notices to the learned Attorney General for Pakistan and the Advocate General of Balochistan under Order XXVII- A of the Code of Civil Procedure. Mr. Sher Shah Kasi, the learned Deputy Attorney General ("DAG") states that he has been authorized by the Attorney General for Pakistan to represent him. He further stated that the review applications have been filed in respect of the referred to judgment of the Supreme Court wherein an interlocutory order has been passed. It will be useful to reproduce the last three paragraphs from the order dated 14th May 2014 passed in the review application:-- "3. Having heard learned Attorney General for Pakistan, we find that the Constitutional intent reflected in Article 84 of the Constitution is explicit in authorizing the Federal Government to use the expenditure from the funds indicated therein and that power is available to the Federal Government both for a service which has already been authorized in the Annual Budget or any new service (Article 84(a)) and there is no clog which is indicated in the' last line of para 39 to which the learned Attorney General has taken exception, which reads as follows:-- "In fact, Rule 197 indicates that in the case of supplementary grants, the assent of the National Assembly is to be obtained before these funds are made available."
4. Prima facie, the submissions made by learned Attorney General require consideration because in terms of Article 84(a)&(b) of the. Constitution, the Constitutional intent ex-facie appears to be that for the exigencies services mentioned therein, the Federal Government may expend the amount and thereafter the same be laid before the National Assembly in the supplementary budget or the excess budget statement.
5. Let notice be issued to Secretary Finance and the Auditor General for Pakistan for 2-6-2014. In the meanwhile, no discretionary grant shall be granted either by the Prime Minister or the Minister. No funds shall be expended on any scheme at the behest of any MNA or MPA. However, the Federal Government may proceed to grant expenditure in terms of Article 84 of the Constitution, if it is a scheme of national or public interest. Notice shall also issue to all the applicants in the CMAs noted in the judgment under challenge..."
' The learned DAG stated that neither the Attorney General for Pakistan nor the Federal Government supports allocating specific amounts either to the members of Parliament or to MPAs, nor supports unspecified bulk allocations. He however states that if any unforeseen exigency arises or the government wants to sanction any amount for a scheme, which was not envisaged whilst presenting the budget, the Federal Government has the power to do so, subject to obtaining approval of the Parliament and that only to such extent the said review applications have been filed. The learned counsel for the petitioners state that they do not object to the reservation expressed by the learned D.A.G. If such reservation is also observed with regard to the Government of Balochistan.
6. Mr. Nazimuddin, the learned Advocate General ("AG"), and Mr. Shai Hach Assistant Advocate General ("AAG"), represent the Government of Balochistan. The learned AG states that the Government of Balochistan has filed a comprehensive reply and admits that previously amounts were allocated for utilization through MPAs, but this practice has been discontinued for the current financial year, i,e, 2014-2015. He however states that some of the schemes/projects earlier identified by the MPAs on which considerable amount has' already been spent, and which the Government thinks are in the public interest, are being continued. He further states that 'umbrella schemes' too have been discontinued in the current financial year and all amounts will be spent through the respective departments.
7. Mr. Muhammad Qahir Shah refutes that amounts are no longer being allocated/sanctioned to MPAs, or that 'umberella schemes' have been stopped, and has referred to two documents attached with the comments filed by the Government of Balochistan, one of which is titled "Name wise MPA update of District Development Program, 2013-14", which list the names of 65 MPAs and against the name of each MPA Rupees "30.000" is mentioned. The Other document that has been referred to is titled "Umbrella Schemes Distributions", which lists 18 general schemes of a total amount of Rs,18,435,000,000 and in its last column refers to 'each constituency' share. The learned A.G. However maintained his position and states that he is making a categorical statement on behalf of the Government of Balochistan that for the financial year 2014-15 no amount has been allocated or earmarked for any MPA nor will this be done in future nor have amounts been distributed amongst 'constituencies' of MPAs, that no 'umbrella schemes' have been made nor will be made and that all amounts will be spent through concerned departments.
8. That the Constitution was unanimously adopted in 1973 by all the then members of the National Assembly, without a single vote of dissent. The founder of the nation, Quaid-e-Azam M. A. Jinnah, and the Constitution only envisaged and recognized a democratic order. The role of every institution and the manner in which the country is to be governed is prescribed in the Constitution.
History is witness to the fact that wherever and whenever a departure has been made from the prescribed constitutional order it has had disastrous consequences and untold misery is heaped on the people. Countries of the world that are governed by a legal/constitutional order, with it attendant checks and balances, have progressed and the standard of life of their people infinitely better as compared to those who are held in thrall. The Constitution prescribes the mechanism and manner of approving the annual budget statement and any supplementary budget statement/s, as stipulated in Articles 120(1), 122(2), 123 and 124 and these must be abided by. By placing the budget before the assembly also informs the people how their money is proposed to be spent, and such disclosure generates analyses and debate, which in turn helps formulate better policies and budgets. Those in opposition to the government to play an important role in opposing or challenging items which they think are wasteful and instead where money needs to be spent.
Society progress when responsibilities are shared and institutions permitted to do the tasks assigned to them. There is no provision in the Constitution which permits allocating or sanctioning money for the use by or on identification of MPAs/notables or to be distributed amongst different constituencies. The Constitution also does not envisage 'umbrella schemes'.
9. That Constitutional Petition No, 49/2014 was filed on 24th January 2014 and Constitutional Petition No, 218/2014 was filed on 10th April 2014, when the illegal practice of allocating amounts for MPAs was continuing as has rightly been pointed out by Mr. Muhammad Qahir Shah by referring to the documents filed with the petition. However, the Government has now stopped this illegal practice and according to the learned A.G. Funds to MPAs/constituencies are no longer provided nor are 'umbrella schemes' being made and all amounts are being spent through the concerned departments.
10. That allocating amounts to MPAs disrespects them, by demeaning their stature as law-makers.
If MPAs' are given money to utilize or even to identify scheme/s in their area or constituency it gives them a considerable advantage over his/her opponents; he/she could boast about the schemes that he/she implemented or use the scheme for politicking or by bribing voters. There are also innumerable instances of misuse of public money by MPAs, as for instance building a road to the MPA's village where there may only be his own household whilst disregarding an area with hundreds of households. Moreover, indulging the personal choice of an MPA is not the best method for determining how public money should be spent, instead of, for example, evaluating the cost- benefit aspect of a scheme.
11. That these petitions are therefore disposed of in the following terms:-
(a) The statement o made by the AG, that no amount is allocated/sanctioned for use/identification by MPAs or their constituencies or for 'umbrella schemes' and that all amounts will be spent through concerned departments, will be treated as an undertaking given to the court by the Government of Balochistan;
(b) It is declared that the manner of approving the annual budget statement and any supplementary budget statement/s must Conform, as the case may be, to the provisions of Articles 120(1), 122(2), 123 and/or 124 of the Constitution;
(c) That the Government of Balochistan must comply with Articles 120(1), 122(2), 1,23 and/or 124 of the Constitution, as the case may be, with regard to the annual budget statement and supplementary budget statement/s;
(d) That the parties are left to bear their respective costs.