The Upper House of Parliament came into action swiftly Monday for the passage of 20th Amendment Bill, 2012 after the news of Rs 366.1 million development funds distribution among Senators resounded in the house. The House which passed the bill with 74 votes more than two-thirds majority in favour whereas two votes cast against it by Jamaat-i-Islami.
The bill was tabled in Senate on Friday last but could not go through as the Senators had grievances for non-release of uplift funds. When the House started its proceedings after one and half hours delay on Monday, the senators were told by Islamuddin Sheikh, PPP chief whip in Senate that all their complaints regarding development funds have been addressed amicably and the notification will be handed over after 30 minutes.
The chair suspended the proceedings for the same number of minutes and all the members entered the house enthusiastically and after seeing the notification wasted no further time except for ceremonial debate for passage of the bill. The only party which took the stand on some technicalities in the bill was JI. Both of his senators Professor Khurshid Ahmed and Professor Muhammad Ibrahim gave some solid arguments which carried some weight but they were overlooked by the ruling elite.
JI OPPOSED THE BILL: Jamaat-i-Islami did not vote for the bill, terming it as a move to indemnify the 28 parliamentarians, disqualified by the Supreme Court of Pakistan, elected through bye-polls under an incomplete election commission as provided by the Eighteenth Amendment passed in 2010.
Senator Professor Khurshid Ahmed of JI said that insertion Clause 9 in the bill, which specifies tenures of Election Commission members and incorporates a procedure for achieving a consensus between a prime minister - or a chief minister in the case of a province - and opposition leader for naming an interim prime minister or chief minister and, in the event of a difference between the two, for reference of the issue to a bipartisan committee, whose failure to reach unanimity will send the matter to the Election Commission for a final decision.
Professor Khurshid showed reservations, saying that any discussion to appoint a caretaker premier between prime minister and leader of opposition would not be a meaningful consultation rather electing a man of their own choice. About the second option in case the prime minister and leader of opposition fails, Khurshid objected, a committee constituted by speaker National Assembly would not be authentic as once the assembly is dissolved, the powers of the speaker becomes redundant.
The third option, if both the above formulas fails, the election commission will be the final authority to appoint the interim prime minister, the JI senator said that bringing in election commission as a ''last resort'' would tantamount to setting up a wrong precedent as the purview of election commission is to hold free, fair and transparent polls.
He went on saying the Supreme Court of Pakistan, which is the highest body to interpret constitution and we all have trust on it, should be given the role to appoint an interim prime minister. Senator Raza Rabbani, who is the main architect of the bill, out-rightly turned down the suggestions, moved by Professor Khurshid, saying that how a supreme court, who elects a man as caretaker premier, could take action if he abuses the powers vested in him.
Professor Khurshid laughed off Rabbani''s arguments and said that if Supreme Court fails to take action against a caretaker set up then what about the prime minister and his cabinet. "Do you think the prime minister will be able to take action against any of his cabinet minister...this is beyond apprehension, I was not expecting this sort of response from a legal expert of Rabbani''s stature at least, who plainly says election commission as a ''last resort'' could be approached for an interim set up," he regretted.
PRIME MINISTER: Prime Minister Syed Yousuf Raza Gilani, who remained in the House till passage of the bill, said that during a short span of four years, third time successful amendment in bringing 1973 constitution to its original form is another feather in the cap of the incumbent parliament.
He said that it is constitution, which guarantees strengthening of democratic institutions. Commenting on the amendments in the constitution, he added, it was just a step forward which the future generation would carry forward. "It is the constitution, which safeguards the very existence of the country...I must commend this parliament for further improving the 1973 constitution as it was passed by West Pakistan Assembly with 128 vote and today all the amendments pushed through with 428 votes, which is unprecedented in the constitutional history of Pakistan," he added.
Gilani also touched upon Balochistan unrest, which has become centre of global attention for human rights abuses and said that the province is top priority of the present government and we will leave no stone unturned to remove the grievances of Baloch brethren.
We are ready to convene an all parties'' conference, joint-sitting of the parliament and any other step, which deems fit to calm down the restive Baloch people, he said, adding that it can not be ignored at any cost and all possible actions will be taken and means would be utilised to best of Balochistan stratification.
MAIN PONITS OF THE BILL There were 11 clauses of the Bill; Deputy Chairman Senate Mir Jan Muhammad Jamali presented each clause in the House for voting. The House approved every clause with more than two-third majority. According to clause 8 of the Bill, Amendment of Article 224 of the Constitution (a) in Clause (ii)(1A)"Provided further that if the Prime Minister or a Chief Minister and their respective Leader of the Opposition do not agree on any person to be appointed as a care-taker Prime Minister or the care-taker Chief Minister, as the case may be, provision of Article 224A shall be followed."
According to Cause 9 of the Bill, "Insertion of new Article 224A of the Constitution;- In after Article 224, amended as aforesaid, the following new Article, shall be inserted, namely:-
"224A. Resolution by Committee or Election Commission: - (1) In case the Prime Minister and the Leader of the Opposition in the outgoing National Assembly do not agree on any person to be appointed as the caretaker Prime Minister, within three days of the dissolution of the National Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the National Assembly, comprising eight members of the outgoing National Assembly or the Senate, or both, having equal representation from the Treasury and the Opposition, to be nominated by the Prime Minister and the Leader of the Opposition respectively.
(2) In case a Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly do not agree on any person to be appointed as the caretaker Chief Minister, within three days of the dissolution of that Assembly, they shall forward two nominees each to a Committee to be immediately constituted by the Speaker of the Provincial Assembly, comprising eight members of the outgoing Provincial Assembly having equal representation from the Treasury and the Opposition, to be nominated by the Chief Minister and the Leader of the Opposition respectively.
(3) The Committee constituted under clause (1) or (2) shall finalise the name of the care-taker Prime Minister or care-taker Chief Minister, as the case may be, within three days of the referral of the matter to it. Provided that in case of inability of the Committee to decide the matter in the aforesaid period, the names of the nominees shall be referred to the Election Commission of Pakistan for final decision within two days.
(4) The incumbent Prime Minister and the incumbent Chief Minister shall continue to hold office till appointment of the care-taker Prime Minister and the care-taker Chief Minister, as the case may be. (5) Notwithstanding anything contained in clause (1) and (2), if the members of the opposition are less than five in the Parliament and less than four in any provincial assembly, then all of them shall be members of the Committee mentioned in the aforesaid clauses and the Committee shall be deemed to be duly constituted."
According to Clause 11 of the Bill, "Amendment of the Third Schedule to the Constitution:- In the Constitution, in the Third Schedule, in the Oath prescribed for the Chief Election Commission: The Bill also fixed the tenure of the Chief Commissioner and members of the Election Commission for five year.
Comments
Comments are closed.