ISLAMABAD: The National Assembly Standing Committee on Law and Justice on Friday forwarded three amendment bills to the legislative drafting council of the National Assembly for decision of the council.
The meeting of the National Assembly Standing Committee on Law and Justice, held under the convenership of MNA Naveed Qamar, discussed in detail the Recognition and Enforcement (arbitration agreements and foreign arbitral awards) Amendment Bill, 2019, the Federal Ombudsman Institutional Reforms Amendment Bill, 2019, and the Defamation Amendment Bill moved by MNA Amjad Ali Khan.
The committee, after detailed deliberations, observed that similar bills had already been referred by the speaker to the legislative drafting council of the National Assembly; therefore, these bills were also forwarded for consideration and decision of the council along with other similar bills.
According to the statement of objects, reasons of the three bills, rules of the National Assembly and the Senate provide that delegated legislation may be examined by the committees concerned. But practically no effective parliamentary oversight has been made.
Further, in the prevalent legal system, it is also a departure from the principle of separation of powers that laws should be made by the elected representatives of the people and not by the executive government.
In the parliamentary control a principle has been largely persevered through an effective system of parliamentary control of executive law making, by making provision that copies of all subordinate legislations be laid before each house of the parliament within prescribed sitting days, thereof, otherwise, they cease to have effect.
Although under the constitution, the cabinet is collectively responsible to the Senate and the National Assembly, yet under the Rules of Business 1973, the minister in-charge is responsible for policy concerning his division, and the business of the division in ordinarily disposed of by or under his authority as he assumes primary responsibility for the disposal of business pertaining to the portfolio.
Therefore, it is necessary that all rules including previously published made after the prorogation of the last session, shall be laid before both houses as session as may be after the commencement of tea session, and thereby shall stand referred to the standing committee concerned with the subject matter of the rules.
The proposed amendment would achieve objective of valuable participation of the people, rules making process, meaningful exercise of authority by the minister in charge assume primary responsibility for the disposal of business pertaining to his portfolio including rules making and efficient and effective parliamentary oversight relating to delegated legislation.
Director General (DG) Federal Judicial Academy (FJC) Hayat Ali Shah briefed the committee regarding working of the FJC. Shah told the committee that the main objective of the FJC was to provide continuing education, build the capacity of district judiciary including judicial officer, and court personnel.
However, the committee deferred the briefing regarding the FJC till the next meeting as the members told the chairman they could not study presentation regarding the FJC properly as they received it during the meeting.
They requested the convener to direct committee to provide them the brief of the meeting on time to enable them to ask necessary questions. MNA Atta Ullah, Lal Chand, Kishwer Zehra, Muhammad Sana Ullah Khan Masti Khel, Agha Hasan Baloch, Sunila Rtuth, Chaudhry Mehmood Bashir Virk, Usman Ibrahim, Mohsin Nawaz Ranjha, Syed Hussain Tariq, Dr Nafeesa Shah, Aliya Kamran, and senior officials of the Ministry of Law and Justice, also attended the meeting.
Copyright Business Recorder, 2020
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