Introduction
Khyber Pakhtunkhwa (KP) Governor Faisal Karim Kundi has returned the Universities Amendment Bill 2024 to the Speaker of the Provincial Assembly, citing constitutional objections. His decision has sparked a debate over the bill’s alignment with constitutional provisions and its classification as a money bill.
Governor’s Concerns About Classification as a Money Bill
In a written statement, Governor Kundi referred to Article 115(5) of the Constitution, which mandates that any proposed money bill must include specific certifications for approval. He argued that the Universities Amendment Bill does not meet the criteria outlined in Article 115(1) to be classified as a money bill.
The governor called for a detailed review to ascertain whether the bill qualifies as a money bill or falls outside its scope, potentially delaying its implementation.
Key Provisions of the Universities Amendment Bill
The Khyber Pakhtunkhwa Universities Amendment Bill 2024, introduced earlier this month by Provincial Minister for Higher Education Meena Khan, outlines significant changes to the governance of universities in the province. The main provisions are summarized in the table below:
| Provision | Details |
|---|---|
| Chancellor’s Role Transfer | Shifts the role of university chancellor from the governor to the chief minister. |
| Vice-Chancellor Appointments | Chief minister to appoint vice-chancellors from a shortlist provided by the Academic Search Committee. |
| Tenure of Vice-Chancellors | Sets a fixed term of four years for vice-chancellors, with early termination possible for unsatisfactory performance. |
Constitutional Debate Sparks Delay
The governor’s decision to return the bill has raised questions about its constitutional validity. Article 115(5) requires clarity on whether the legislation impacts provincial finances to qualify as a money bill. This debate has created uncertainty about the timeline for the bill’s implementation.
Conclusion
The Universities Amendment Bill 2024 seeks to reform university governance in Khyber Pakhtunkhwa but faces legal and procedural hurdles. The objections raised by Governor Faisal Karim Kundi highlight the need for clarity in its classification under constitutional law. A resolution to these concerns will be pivotal in determining the future of the proposed amendments.
