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The government and opposition benches in the National Assembly on Tuesday, in a rare show of unity, denied grant of leave to the Pakistan Muslim League minority MNA to introduce a bill, seeking omission of term 'ideology' from the Constitution until it is 'properly' defined.
M.P. Bhandara insisted being a very serious issue, the term should be defined in an unambiguous manner but faced stiff resistance from both sides of the aisle, who through a voice vote rejected his bid for moving the bill in the house.
He was of the view there was a mention of ideology in the Constitution, but not a clear reference to any particular ideology.
His contention is perhaps the first ever since August 14, 1947.
Parliamentary affairs minister Dr Sher Afgan Niazi rejected the bill and feared this could erode the ideological basis of the country, requesting the member to withdraw the bill who did not. The Parsi MNA referred to articles 62(h) and 63(g).
ARTICLE 62(H) STATUES: "A person shall not be qualified to be elected or chosen as a member of the parliament if he has after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan."
ARTICLE 63(G) SAYS: "A person shall be disqualified from being elected or chosen as and from being a member of the parliament if he is propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary, or which defames or brings into ridicule the judiciary of the armed forces."
Treasury MNA Riaz Hussain Pirzada did not object to the MNA's initiative, saying a discussion in the house could provide a guideline to future generations as to what is the ideological basis of Pakistan and why no other philosophy is the cornerstone of the Constitution.
"A detailed debate on this matter can close the door on such moves in future," he maintained.
Muttahida Majlis-i-Amal's Liaquat Baloch, Hafiz Hussain Ahmed, Mujeeb Pirzada of Pakistan People's Party Parliamentarians, Pakistan Muslim League (PML-N) MNAs Pervaiz Malik and Fazal Karim spoke on the issue and fiercely opposed the bill.
The minister said the bill if passed could tantamount to merging with India as the country came into being on the basis of Islamic ideology, which one finds even in the oath of president, prime minister and elected representatives.
Baloch contended the Constitution clearly defined the Islamic way of living and how to safeguard minorities' rights, therefore, there is no question of any confusion about the term ideology.
He believed the proposed legislation was in direct conflict with the Constitution and would trigger confusion.
Hafiz was of the view article 27 of the Constitution clearly stated that all laws would be made in conformity with the Islamic injunctions and even minority citizens under Article 227(2-3) would be bound to observe them in their collective life.
PPPP lawmaker Mujeeb Pirzada agreed with Bhandara that the term had not been clearly defined in the Constitution, but maintained the Supreme Court decision in Mehmud Khan Achakzai case made it clear the state's basic features would be based on parliamentary form of government, federalism and fundamental rights based on Islamic character.
"This explanation is quite sufficient that the ideology of Pakistan is Islamic," the MNA argued.
On this, M.P. Bhandara rose to say late Maulana Abul A'ala Maudoodi had given an edict, rejecting a book by justice Javed Iqbal about Pakistan's ideology, saying it had ambiguities.
Niazi replied to him by saying the parliament was not sovereign as it is in Britain to independently legislate on any issue.
"We have to observe Islamic teachings and nothing could be legislated contrary to that," the minister said.
On this, speaker Chaudhry Amir Hussain through a voice vote denied grant of leave to the lawmaker to introduce the bill.
Earlier, the chair did not allow ruling PML lawmaker Amjad Warraich to speak on a privilege motion about religious affairs minister Ejazul Haq's alleged involvement in corruption.
His mike was switched off after he barely accused the minister and wanted to know why his motion had not been entertained so far.
However, on learning about it, the minister visited the house and denied charges and challenged the MNA to either prove his wrongdoing or resign.
"I challenge him to prove it, I will resign otherwise he should quit as a lawmaker," Ejaz said.
The minister proposed the chair should form a house committee to look into the allegations.
However, the speaker did not positively respond to this.
Earlier, during previous sittings, the MNA, who hails from PML Chattha faction that was merged with the ruling PML some two years back, had tried to raise the issue, alleging while allocating quota to Haj and Umrah operators, the minister had received kickbacks in the name of Zia Foundation.
The chair referred a bill moved by the ruling PML MNA Rubina Shaheen to the house standing committee, which seeks to amend the Pakistan Baitul Mal board.
Another bill to amend the Pakistan Postal Services Management board was also introduced and referred to the standing committee on communications. PPPP MNA Samina Khalid Ghurki piloted the bill.

Copyright Business Recorder, 2006

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