Key Takeaways
- The Khyber Pakhtunkhwa Assembly passed the Powers, Immunities and Privileges Act, 2026.
- Critics raise concerns over transparency and potential misuse of privileges by lawmakers.
- The act includes provisions for exempting MPs from court proceedings and providing enhanced security.
The Khyber Pakhtunkhwa Assembly has recently passed the Powers, Immunities and Privileges Act, 2026 (Act VII of 2026), which has sparked significant debate among lawmakers and civil society. The act was assented to by the governor on May 6, 2026, following its passage in the assembly on April 30, 2026.
One of the primary concerns raised is the lack of transparency surrounding the details of the Act. Despite being passed and assented to, it took several days for the text to be uploaded onto the assembly’s website. Interestingly, other acts passed around this time were available online, but Acts VII, VIII, and IX remained inaccessible until after their passage.
Section 4 of the law allows Members of Provincial Assemblies (MPAs) to avoid attending court proceedings during assembly or committee sittings. Courts are advised to reschedule hearings or grant adjournments to accommodate these sessions. This provision is particularly problematic given the backlog of cases in the courts, as it could further delay legal processes.
Section 5 provides that if an MPA is summoned by the assembly or a committee and has been arrested or detained on a criminal charge (excluding death or life imprisonment), they can be released on personal bond. This privilege raises questions about the balance between legislative authority and judicial independence, especially in cases where MPs may use this provision to avoid legal consequences.
Section 8 empowers MPAs to call meetings within their constituencies with mandatory attendance of district government officers. If a government officer fails to attend without sufficient cause, they are deemed to have committed a breach of privilege. This could pose practical challenges for district officers, as most districts contain multiple constituencies, potentially leading to increased travel and workload.
Section 12 grants MPAs Category B security, which includes one head constable and two constables, with the option to upgrade to Category A requiring four constables. The security detail may also be provided a vehicle for transportation, fuel, and maintenance. Critics argue that this extensive security provision is an overkill and could have significant financial implications.
Additional privileges listed in Section 13 include free accommodation in circuit houses or rest houses for up to three days, eight arms licences for non-prohibited bore weapons, and exemption from toll taxes. These provisions have been met with skepticism due to their potential misuse and the associated costs.
The act has drawn criticism from various quarters, including legal experts and civil rights activists, who argue that such privileges could undermine the accountability of elected representatives. The lack of transparency in the process of passing these acts further exacerbates concerns about their legitimacy and impact on governance.
