Changes in accountability laws: government may face resistance from opposition

Faced with lack of majority in the upper house of parliament to bring proposed changes in the National Accountability Bureau (NAB) laws, the Pakistan Tehreek-e-Insaf (PTI) government has the constitutional option to enact a presidential ordinance to introduce the desired amendments but the said ordinance could be repealed if the opposition manages to pass a resolution against it in either house of parliament.
On August 21, Law Minister Farogh Naseem announced that the amendments in the NAB laws are under consideration aimed at ensuring that businessmen and investors are not tried under the NAB laws for any financial wrongdoing and instead their relevant cases would be dealt with by Federal Board of Revenue and Federal Investigation Agency (FIA).
Regardless of the implications of this proposal, the federal government may face practical resistance from the opposition in getting the related bill passed from the Senate. Unlike National Assembly, where the government has a thin majority, in the Senate it is in the minority.
In 104-member Senate whose current strength is 103 members due to the absence of Ishaq Dar, the opposition parties' strength is 65 seats. On the other hand, the strength of PTI and its allies stands at 38 seats -15 short of securing a simple majority of 53 members. Under these circumstances, the government has a convenient option at hand, to get a presidential ordinance promulgated to amend the NAB laws.
Speaking to Business Recorder, Law Minister Barrister Farogh Naseem said the government's foremost priority is to take opposition onboard regarding amendments in the NAB laws. "We will try to first engage the opposition to approve amendments in National Accountability Ordinance (NAO) 1999 through debate in parliament. But it is our understanding that the opposition does not want any proposed legislation that can give relief to public to become a law."
He further said, "We shall engage media and the experts and seek their guidance on the proposed amendments."
The Minister added that during the last one year, the PTI government moved at least 25 to 30 bills in parliament on 'people friendly issues' but these could not become law due to resistance from opposition parties and are currently pending with the relevant committees. "These bills are for the relief of the general public. The bill related to increase in seats of judges in the Islamabad High Court could not be passed due to politics on this important issue. If the judges' number increases then it would benefit the litigants," the minister said.
Faisal Fareed Advocate said the promulgation of an ordinance is a valid constitutional way of enacting law, in accordance with the relevant provisions of the 18th Amendment. When the National Assembly or Senate is not in session then the President can issue an ordinance under Article 89 of the constitution, he said.
"When opposition parties are unwilling to support the government to bring legislation on various issues, then there is no harm in issuing an ordinance. This practice prevailed during the tenures of Pakistan Peoples' Party (PPP) and Pakistan Muslim League-Nawaz (PML-N) as well. As the government and the opposition parties are not on the same page on amending the National Accountability Ordinance 1999 therefore the government would be justified in promulgating an ordinance," he said.
Article 89 provides that an ordinance can be promulgated for 120 days but if a resolution disapproving the ordinance is passed in NA or Senate then the ordinance stands repealed. Moreover, an ordinance can be extended for 120 days but if a resolution to disapprove the ordinance gets passed by either house of parliament, it stands repealed.
Article 89 reads, "Power of President to promulgate Ordinances.-(1) The President may, except when the (Senate or) National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an Ordinance as the circumstances may require. (2) An Ordinance promulgated under this Article shall have the same force and effect as an Act of Majlis-e-Shoora (Parliament) and shall be subject to like restrictions as the power of Majlis-e-Shoora (Parliament) to make law, but every such Ordinance-(a) shall be laid -before the National Assembly if it contains provisions dealing with all or any of the matters specified in clause (2) of Article 73, and shall stand repealed at the expiration of one hundred and twenty days from its promulgation or, if before the expiration of that period a resolution disapproving it is passed by the Assembly (or Senate), upon the passing of that resolution. Provided that the National Assembly (or Senate) may by a resolution extend the ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly (or Senate), upon the passing of that resolution: Provided further that extension for further period may be made only once."
A cabinet member, requesting anonymity, said, apart from promulgating an ordinance, the government has the option to convene a joint session of parliament to get a bill passed. "But considering that we have a very thin majority in NA, chances that the bill to amend NAB laws would sail through a joint session appear slim," the insider said.
In the 342-member National Assembly, the PTI-led ruling coalition's numerical strength is 180 which is 8 seats more than the required simple majority of 172 in the lower house. In parliament, the combined strength of PTI and allies (Senate and NA) is 218 members out of 446. If a joint session is summoned, the ruling coalition will require 224 votes to attain majority to pass the bill to amend NAB laws and is 6 members short of the desired number.
The source said that the proposed changes in NAB laws aim at exempting only those businessmen from NAB trial who are not affiliated with any political party. "I don't think opposition would be much interested in this bill since it would bring no relief to the business tycoons linked to Zardari and the Sharifs who are facing serious cases of corruption, money laundering, fake accounts and other serious offences. I think at present an ordinance would have to be promulgated, and by the time the ordinance lapses, we will push for securing a majority to pass the legislation from parliament," the government functionary said.
He however added that it is unlikely that the opposition would move a resolution in either house of parliament to have the ordinance repealed. "The leaderships of two major opposition parties PML-N and PPP are grappling with serious cases in the courts. Under the circumstances, I don't think they would take the risk of annoying the government and the powers-that-be. This explains why these parties are reluctant to become part of any anti-government move proposed by Maulana Fazalur Rehman."