The constitution bars a senator who holds a portfolio from performing his duties if his/her membership of the Senate is suspended. However, a member of the National Assembly, who holds a portfolio, can retain his position for six months.
Article 91 of the constitution states: "(9)A Minister who for any period of six consecutive months is not a member of the National Assembly shall, at the expiration of that period, cease to be a Minister and shall not before the dissolution of that Assembly be again appointed a Minister unless he is elected a member of that Assembly. Provided that nothing in this clause shall apply to a Minister who is a member of the Senate."
Constitutional experts told Business Recorder on Tuesday that a minister whose membership of the National Assembly is suspended can still issue valid orders as minister for six months after his suspension. However a Senator will lose his portfolio the day his membership of the Senate is suspended. Last Friday, Election Commission of Pakistan (ECP) suspended membership of 231 MPs for not submitting details of their assets.
According to the notification of ECP, Federal Ministers Makhdoom Amin Fahim, Chaudhry Ahmed Mukhtar, Naveed Qamar, Senator Dr Asim Hussain, Senator Rehman Malik, Senator Abdul Hafeez Shaikh and Riyaz Hussain Pirzada are among the 231 members. The State Ministers whose membership is suspended are Shaikh Waqas Akram and Sardar Bahadur Sehar.
Some of them are submitting statements of their assets to the Election Commission of Pakistan (ECP) to have their membership restored. In the case of non-compliance, certain punishments may be recommended under ECP Ordinance in 2002. He or she may face three years of imprisonment or fine or both. If it is proved that any member has filed a false statement of assets, then he/she may be disqualified for five years from contesting elections. The ECP had issued three reminders to the members before suspending their membership and sending a notification about their suspension to the National Assembly Secretariat.
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