ISLAMABAD: In a major development, Opposition in the Senate on Saturday called for impeachment of President Arif Alvi for allegedly violating the Constitution by promulgating presidential ordinance aimed at holding the Senate elections through an open ballot.
The government, however, dared the opposition to use all the constitutional options available and get itself tested through moves, including the impeachment of the President and no-confidence motion, against the prime minister.
The call came during a Senate debate on a motion to "discuss the unprecedented and controversial presidential ordinance promulgated with malafide intent that seeks to change the Senate election procedure, which is an election under the Constitution of Pakistan, rendering the process of Senate elections controversial."
Speaking on the motion, PPP's Senator Raza Rabbani raised questions over the timing of the promulgation of the presidential ordinance, saying that the government had already tabled a bill in the National Assembly and it was debated in the house.
The other day, he added, both the houses of the parliament - the National Assembly and the Senate - were prorogued and on a federal cabinet's decision and a presidential ordinance is promulgated.
"The President through promulgating this ordinance has violated the Constitution who by misusing his authority allowed to serve the interest of a political party...such a president needs to be impeached," Rabbani demanded.
He further alleged that the president has undermined the independence of constitutional institutions, including the Parliament.
"The president knew that a constitutional amendment bill has already been tabled in the National Assembly and he sent a presidential reference to Supreme Court and he knew that both the houses were prorogued and the other day he promulgated the controversial ordinance," he added.
Explaining as to why he believed that the ordinance was based on "malicious intent", Rabbani said the government had neither presented it in the National Assembly session on Friday, nor in the Senate on Friday.
Adviser on Parliamentary Affairs Babar Awan, in government's response asked the opposition to exercise all the constitutional options - impeachment or no-confidence motion. He added that the government is ready to respond to any challenge emanates from the opposition's side.
He asked the opposition as to whether President Alvi is the only president in the country who has promulgated an ordinance or the country has no history of promulgation of ordinances. He also challenged the opposition to remove all the articles from the Constitution which allow the president to promulgate ordinance in situations.
He asserted that as per the Constitution, President, along with two houses, is an integral part of the Parliament. He also asked the opposition parties to avoid "preempting" the decisions of the apex court on the presidential reference, adding that the matter was subjudice and the opposition members should refrain from commenting on any possible verdict.
The adviser assured the house that if the decision will be in the affirmative, the ordinance will stand and if it will be otherwise, it will cease to have any effectiveness with immediate effect.
Minister for Information and Broadcasting Shibli Faraz said that Prime Minister Imran Khan has committed to ridding the country of corruption. He said that instead of getting rid of horse-trading in the Senate election, it is unfortunate that the opposition is making people confused through raising legal perspectives.
He said the parliament needs to think and move forward to end corrupt practices in the country, including those related to Senate elections. He said that the democracy in the country has always been undermined by the elites who use money to reach parliament and power corridors.
He said the PPP and the PML-N made a firm pledge in the Charter of Democracy (CoD) to hold transparent elections in the country, and they must fulfil their promise. He said that both the parties ruled the country for 10 years each, but failed to hold transparent elections.
Minister of State for Parliamentary Affairs Ali Mohammad Khan rejected the impression that the government is going to amend the constitution through the ordinance. He said the ordinance is only aimed at changing the election laws.
He said the government has the constitutional right to approach the apex court for interpretation of any constitutional provision, adding that the government also has the right to promulgate ordinances.
Those who also spoke on the motion included PML-N Asif Kirmani who pointed out that Article 226 is very clear and needs no interpretation by the Supreme Court, adding that the objective of the reference is based on 'mala fide intent'.
He also objected to distribution of Senate tickets by the PTI leadership accusing "it is neglecting the party's ideological workers".
"Who is Hafeez Sheikh? He cannot be a candidate of the PTI, but of the IMF," he said, adding that the person is responsible for "snatching bread from the poor".
Senator Mushtaq of Jamaat-e-Islami backed the demand of President's impeachment, saying although the Constitution allows the president to promulgate ordinances, the President "misused" Article 39, which only allows him to promulgate an ordinance in some "circumstances".
He further said that his party has already rejected the ordinance, saying that it has been promulgated to serve the interests of ruling party only. He said the ruling PTI fears that its members will not vote for their candidates. He also referred to a video in which the PTI members were purportedly receiving money in return for selling their votes in the previous Senate elections.
He also questioned the PTI for not holding internal party elections since long. The motion under discussion was moved by Leader of Opposition Raja Zafarul Haq, who also opened the debate, saying the Senate elections should be conducted as per the Constitution.
Leader of the House in the Senate Dr Shahzad Waseem said the ordinance was promulgated to bring changes in the Elections Act and not in the constitution.
Others who took part in the debate included PPP's Dr Sikandar Mandhro, Sassui Palijo, Bahramand Khan Tangi, MQM-P's Mian Attique Sheikh, PML-N's Ayesha Razzaq, Senator Aurangzeb Khan from ex-Fata, and others.
Senator Mir Kabir Shahi of National Party raised the issue of the missing persons, saying that the government is required to ensure that missing persons are produced in courts.
Copyright Business Recorder, 2021
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