Opposition adamant: government's move to lay four key Ords in NA seen as preemptive action

The Pakistan Tehreek-e-Insaf (PTI) government's move to lay four key ordinances in the National Assembly a few days before laying the same in the Senate is a preemptive move in the backdrop of statements by opposition members in the Senate that they would reject all four ordinances.
In 104-member Senate whose current strength is 103 members due to the absence of Ishaq Dar, the opposition parties' strength is 65. The strength of PTI and its allies stands at 38 seats in the Senate, 15 short of securing a simple majority of 53 to get any bill passed. The existing scenario has practically left the Senate 'toothless' as treasury benches are reluctant to move legislative bills in the upper house fearing that they would face rejection at the hands of the opposition.
According to well-placed sources in the Senate, the government is now considering moving legislative bills as private member bills instead of government bills. This would imply that any PTI senator, in his/her individual or personal capacity, may move any bill the government is seeking to get passed by the Senate. This would enable the PTI senators to employ their personal connections instead of using the government's forum to get any bill passed.
"Private bills have more of a personal connotation. The senators usually agree to put weight behind a private bill, showing regard towards one of their colleagues, who moved the bill, regardless of the party affiliations. It's all about personal connections and repute. But when any bill comes from the government's forum, it is official, and is likely to be opposed," said a PTI senator who requested not to be named.
In a conversation with Business Recorder a few days back, Law Minister Farogh Naseem had said that during the last one year, the PTI government has moved at least 25 to 30 bills in parliament on 'people friendly issues' but these could not become law due to resistance from opposition parties and are currently pending with relevant committees. "These bills are for the relief of general public. The bill relating to an increase in the seats of judges in the Islamabad High Court could not be passed due to politics. If the judges' number increases then it would benefit the litigants," the Minister said.
In the 342-member National Assembly, the PTI-led ruling coalition's numerical strength is 180 which is eight seats more than the required simple majority of 172 in the lower house. In parliament, the combined strength of PTI and allies in (Senate and NA) is 218 members out of 446. If a joint session is summoned, the ruling coalition will require 224 votes to attain majority to pass any bill and it is six members short of the desired number.
Under the circumstances, the government has a convenient option at hand, to promulgate presidential ordinances, but this practice has drawn strong criticism from the opposition. On September 13, the treasury benches laid a total of five presidential ordinances in the NA: Naya Pakistan Housing and Development Authority Ordinance 2019 (promulgated on May 22, 2019), Pakistan Penal Code (Amendment) Ordinance 2019 ((promulgated on July 12, 2019), Federal Government Employees Housing Authority Ordinance 2019 (promulgated on July 12, 2019), National Counter Terrorism Authority (Amendment) Ordinance 2019(promulgated on July 16, 2019) and National Information Technology Board Ordinance 2019 (promulgated on August 27, 2019.)
While the government has managed to get Naya Pakistan Housing and Development Authority Ordinance 2019 extended for 120 days with the passage of a related resolution in NA, all the other four ordinances that require NA's approval to become law have been referred to the relevant NA committees for review.
Excluding the National Information Technology Board Ordinance 2019, all the other four ordinances were previously laid in the Senate on September 3. However, the opposition parties in Senate strongly criticised what they termed as the government's habitual practice to resort to presidential ordinances instead of parliamentary legislation which 'was tantamount to bypassing parliament's authority and undermining its sovereignty'. Additionally the joint opposition also moved a resolution in the Senate Secretariat to reject the four ordinances. It was in this backdrop that the government silently withdrew these ordinances from the Senate and laid them in the NA.
Earlier on September 4, the government had to withdraw the Gas Infrastructure Development Cess (Amendment) Ordinance 2019 after strong criticism from the opposition parties, public circles and media. The ordinance promulgated on August 27 was not laid in the Senate. Through this ordinance, the government had decide to waive off half of the outstanding liabilities (estimated at Rs 208 billion) of fertilizer, textile, power generation and compressed natural gas (CNG) sectors that were payable to the government.
Constitutionally, an ordinance can be promulgated for 120 days but if a resolution disapproving the ordinance is passed in the National Assembly or Senate then the ordinance stands repealed. An ordinance can be extended for 120 days but if a resolution to disapprove the ordinance gets passed by either house of the parliament, it stands repealed. Furthermore, an ordinance lapses permanently, after being extended once, and requires parliamentary legislation to become law. Parliamentary legislation (requires passage from both houses of the parliament) can also be done any time before an ordinance is lapsed to make it a law.
Article 89 reads, "Power of President to promulgate Ordinances.-(1) The President may, except when the (Senate or) National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of Majlis-e-Shoora (Parliament) and shall be subject to like restrictions as the power of Majlis-e-Shoora (Parliament) to make law, but every such Ordinance-(a) shall be laid -before the National Assembly if it contains provisions dealing with all or any of the matters specified in clause (2) of Article 73, and shall stand repealed at the expiration of one hundred and twenty days from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly (or Senate), upon the passing of that resolution.
Provided that the National Assembly (or Senate) may by a resolution extend the ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly (or Senate), upon the passing of that resolution: Provided further that extension for further period may be made only once."
Moreover, the Rule 145 of the Rules of Procedure and Conduct of Business in the Senate 2012, which deals with the resolutions for the disapproval or extension of Ordinances, reads, "(1) On the commencement of a session, as soon as may be but not later than ten days after the commencement of the session, all Ordinances- made after prorogation of the last session, shall be laid on the Table.
(2) A member may move a resolution for disapproval of an Ordinance or a member or a Minister may move a resolution for extension of an Ordinance-after giving three working days notice of his intention to do so. (3) Where two or more notices-are given in respect of the same Ordinance, the resolutions shall be taken up in the order in which the notices have been received.
(4) If a resolution disapproving or, as the case may be, extension of an Ordinance is passed, all other resolutions relating to that Ordinance shall lapse. (5) When a resolution is passed, the Secretary shall immediately cause it to be published in the Gazette and also transmit a copy thereof to the President and Ministry of Law and Justice."