Rabbani's bill aims to curtail presidential powers of promulgating ordinances

Former chairman Senate Raza Rabbani's bill seeking certain amendments in the constitution to prevent the President of Pakistan from 'misusing' his authority in promulgating presidential ordinances requires two-third majority in both houses of Parliament in order to become a law, with neither the opposition nor the treasury benches having the requisite majority in either house.

Rabbani recently submitted a bill in the Senate Secretariat which proposes to amend Article 89 of the Constitution of Pakistan to curtail the powers of the President to promulgate ordinances and allow him to promulgate an ordinance only when Parliament is not in session or under 'extreme circumstances.'

In the Upper House of the Parliament, the opposition parties have a visible majority but lack a two-thirds majority. In a 104-member Senate whose current strength is 103 due to the absence of Ishaq Dar, the opposition parties' strength is 65 and needs at least 70 seats to secure a two-thirds majority. The strength of PTI and its allies stands at 38 seats in the Senate.

In the 342-member National Assembly Pakistan Tehreek-e-Insaf (PTI)-led ruling coalition has a simple majority with 180 seats.

Rabbani does not have the option to lay his bill in the joint session of Parliament since any constitutional amendment bill cannot be moved in a joint session. Business Recorder tried to contact the former chairman Senate to get his views on the matter but he was not available for comments.

A Pakistan People's Party (PPP) senator, requesting anonymity, however, admitted that the bill is unlikely to sail through Parliament as it requires a two-thirds majority but insisted that the bill has a 'symbolic' value.

"This bill aims to sensitise the government and convey a strong message that the practice of habitually relying on presidential ordinances is strongly repulsed and opposed," he said.

Speaking to Business Recorder, Leader of the Opposition in Senate Raja Zafar-ul-Haq said the joint opposition would support Rabbani's bill. "Our stance is crystal clear, continued reliance on presidential ordinances undermines Parliament's authority and prestige. This needs to be stopped and we will play our role for this purpose."

In November last year, the joint opposition staged a sit-in on the floor of the house against repeated promulgation of presidential ordinances, he said. "But the government is not ready to mend its ways. So, we have to stop it," he added.

Constitutionally, an ordinance can be promulgated for 120 days but if a resolution disapproving the ordinance is passed in the National Assembly or Senate then the ordinance stands repealed. 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 lapses permanently, after being extended once, and requires parliamentary legislation to become law. Parliamentary legislation (requires passage from both houses of the parliament) can also be done any time before an ordinance lapses to turn it into a law.

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."