Pakistan Tehreek-e-Insaf's federal government could potentially be in deep trouble as the joint opposition has moved a resolution in the Senate Secretariat to disapprove the four key ordinances moved in the Upper House of the Parliament by the treasury benches this week.
The resolution has been moved jointly by Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP), Jamaat-e-Islami (JI) and other opposition parties against the four presidential ordinances, Business Recorder has learnt.
In case the opposition manages to get the resolution passed by the Senate to disapprove the ordinances, then ordinances would stand lapsed and would remain no more in effect, a scenario that entails potentially adverse implications for the PTI government that has been relying on presidential ordinances instead of parliamentary legislation on the given issues due to its lack of majority in Senate and visibly thin majority in the National Assembly.
When contacted, Leader of the Opposition in Senate Raja Zafar-ul-Haq confirmed that the joint opposition has submitted a resolution against the four presidential ordinances. "The government's continued reliance on presidential ordinances is unjustified. It is against the spirit of parliamentary legislation and undermines Parliament's sovereignty. We are going to reject these ordinances," he said.
The resolution to disapprove the ordinances would be presented in the Senate once the Upper House of the Parliament is in session, Haq added. "The Senate is presently prorogued-and there are weekend holidays and then Ashura holidays (Monday and Tuesday). Once the Senate is in session we would take up the resolution for passage from the House," he said, adding that the opposition parties are unanimous in their stance in favour of rejecting the four ordinances.
"We would foil each and every move of the government that aims at undermining the dignity of the Parliament," he said. On September 3, the government moved four ordinances in the Senate; Naya Pakistan Housing and Development Authority Ordinance 2019 (promulgated on May 24, 2019), Federal Government Employees Housing Authority Ordinance 2019 (promulgated on July 15, 2019), Pakistan Penal Code 2019 (promulgated on July 12, 2019) and National Counter Terrorism Authority Ordinance 2019 (promulgated on July 12, 2019).
This attracted strong backlash from opposition parties that strongly criticised President Arif Alvi and PTI government for "habitually" promulgating the presidential ordinances, which, he said, was tantamount to bypassing the Parliament's authority. Senators from opposition parties including PML-N, PPP and JI staged a walkout from Senate against the promulgation of presidential ordinances which prompted Chairman Senate Sadiq Sanjrani to prorogue the session due to lack of quorum, on September 3.
Constitutionally, an ordinance can be promulgated for 120 days but if a resolution disapproving the ordinance is passed in National Assembly 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 the Parliament, it stands repealed. Furthermore, an ordinance that is lapsed permanently, after being extended once, remains no more into effect and requires parliamentary legislation to become a law. Parliamentary legislation (requires passage from both Houses of the Parliament) can also be done any time before an ordinance is lapsed to make it a law.
The 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."
Moreover, the Rule 145 of the Rules of Procedure and Conduct of Business in the Senate 2012, which deals with the resolutions for the disapproval or extension of Ordinances, reads, "(1) On the commencement of a session, as soon as may be but not later than ten days after the commencement of the session, all Ordinances- made after prorogation of the last session, shall be laid on the Table.
"(2) A member may move a resolution for disapproval of an Ordinance or a member or a Minister may move a resolution for extension of an Ordinance-after giving three working days notice of his intention to do so.
"(3) Where two or more notices-are given in respect of the same Ordinance, the resolutions shall be taken up in the order in which the notices have been received.
"(4) If a resolution disapproving or, as the case may be, extension of an Ordinance is passed, all other resolutions relating to that Ordinance shall lapse.
"(5) When a resolution is passed, the Secretary shall immediately cause it to be published in the Gazette and also transmit a copy thereof to the President and Ministry of Law and Justice."
Earlier on September 4, the government had to withdraw the Gas Infrastructure Development Cess (Amendment) Ordinance 2019 after strong criticism from opposition parties, public circles and media. The ordinance was promulgated on August 27 and was not laid in the Senate.
Through this ordinance, the government waived half of the outstanding liabilities of fertilizer, textile, power generation and compressed natural gas (CNG) sectors and waived up to Rs 208 billion that were payable to the government by some powerful industrialists of the country as their pending liabilities.
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