The appointment of the federal member to the Indus River System Authority (IRSA) has been thrown into uncertainty after the Supreme Court on Tuesday maintained the status quo, effectively pausing a Sindh High Court (SHC) directive to fill the position from Sindh.

A five-member constitutional bench, presided over by Justice Aminuddin Khan, issued notices to all concerned parties while hearing the federal government’s appeal against the SHC’s decision. The top court also accepted a request from the Additional Attorney General (AAG) to consolidate similar petitions pending before the Sindh and Islamabad High Courts.

During the proceedings, AAG Aamir Rehman explained that IRSA is composed of five members-one from each province and one representing the federation. He informed the court that the Sindh government had issued a summary and an executive order recommending the federal member’s appointment be from its province.

Justice Jamal Khan Mandokhail remarked that the federal representative to IRSA could belong to any province. With a touch of humor, he quipped, ‘More rain brings more water – perhaps due to increased rainfall and water, the federal member was appointed from Sindh.’

Responding to an observation, the AAG noted that since the four provinces are already represented, the federation might also choose its appointee from Islamabad. When Justice Mandokhail questioned who held the ultimate authority over the water regulator, the AAG replied that IRSA was a federal body and therefore under the federation’s jurisdiction.

The AAG argued that the apex court was empowered to adjudicate even on interim orders issued by high courts. This prompted Justice Mandokhail to pose a rhetorical question: ‘If we possess such powers, can we suspend the Parliament itself?’

Concluding the proceedings, the bench maintained the existing situation, issued notices, and adjourned the hearing indefinitely. The legal challenge arose after the Sindh High Court had earlier ordered the IRSA federal member to be appointed from Sindh, a decision the federal government contested before the Supreme Court.