As the budget session moves towards its conclusion State Minister Omar Ayub on Wednesday moved in the National Assembly the finance bill to give effect to the financial proposals of the federal government and "to amend certain laws".
These laws, the opposition said, could not be made part of the finance bill, and by doing so the government has undermined the authority of the Senate. Under Article 73 of the Constitution the speaker of the National Assembly is the ultimate authority to determine whether a bill is a money bill or not, and if he decides a certain bill is a money bill the Upper House is precluded from taking it up for legislation.
However, the Senate can make "recommendations" about the federal budget, which may or may not be incorporated by the Lower House.
Opening the discussion Aitzaz Ahsan asserted that the finance bill as presented is not a money bill, and, therefore, the Speaker using his constitution-mandated power declare it so. The laws that the bill seeks to amend do not fall in the definition of money bills, the PPPP member said and added it would be against the concept of federalism to deprive the Senate of its right to legislate on all matters minus the money bills. You carry the cross of responsibility Mr Speaker, he told Amir Hussain, as it is your determination that would have a direct impact on federalism.
At this point MMA member Qari Fayyaz, on a point of order, insisted that the Aitzaz Ahsan's words regarding the Cross should be expunged because according to Islam Jesus was not spiked on Cross. Amir Hussain was in a fix what to do, and he made a diplomatic exit: "It is quite possible that I do not make these words part of the record". "Don't be scared of maulvis", Aitzaz Ahsan exhorted the Speaker.
Aitzaz then read out Clause 2 of Article 73, which he said clearly defines what constitutes a money bill. But none of the amendments that the bill seeks to amend fall in that category; therefore, these cannot be passed as a finance bill.
He said the amendments affect issues of vital importance like privatisation, labour policy, empowering price magistrates and working of the commodity exchange, and asked how can you keep the Senate out of it. The amendments, Aitzaz said, tend to give protection to three mafias - stock, sugar and land. "It is war between the mafias and it is within the ruling quarters".
Mehmood Khan Achakzai wondered if the government would be strengthening the federation by undermining the authority of the Senate, which draws its strength from the fact that Pakistan is a federation to be run by bicameral parliamentary system. Diversion from the settled principles is also evident by the fact that the government did not give taxation proposals as a separate part of the budget.
Parliamentary Affairs Minister Sher Afgan was not impressed by the opposition's perspective, as he informed the House the same issue was also raised in the Senate, and after some discussion the opposition conceded to the government's point of view.
As for the laws to be amended these are "incidental" to the money bill and Speaker's verdict on it would settle the matter once and for all. But Qazi Hussain Ahmad disputed Sher Afgan's claim that the issue was amicably resolved in the Senate, reminding the House that on that particular issue the opposition in the Senate had protested and staged a walkout.
Hafiz Hussain Ahmad was of the view that the finance bill seeking amendments to certain laws is being used as Trojan horse to undercut the authority of the Senate. To this Aitzaz Ahsan added that one of the recommendations that the Senate made was that laws having no direct link with the finance bill should be legislated by the National Assembly.
"Don't be short-cut Aziz", added Farid Paracha. But Omar Ayub insisted that the Senate was "satisfied", provoking Qazi Hussain Ahmad to stage a walkout, to be joined by the ARD only after Qurban Ali Shah was given time to air his grievance.
Qurban Shah said a lady member - he did not name but everyone knew he was talking of Kashmala Tariq - has accused him of misappropriation of funds to the tune of Rs 15 crores. "If I have committed that fraud then it means I have disgraced the House...If in Lok Sabha a member could be dismissed for fraud involving paltry sum of Rs 30,000. And, if President Clinton could be questioned and then cleared by the US Senate of the charge of taking an official trip to his home state for haircut from his favourite barber I am ready to face inquisition by the House", he said to that effect.
Shah said he was being targeted through the lady member on behalf of the sugar mafia, although the same lady member had confided to him that some bullies at the stock market are cronies of the "Leader of the House", read Shaukat Aziz.
Khwaja Asif supported Shah by suggesting that the matter should be referred to the standing committee, but the Chair did not react.
Once the House was through with such points of order it returned to discussion on the finance bill. Liaquat Baloch was of the view that acts and ordinances that are sought to be amended have crucial importance. For instance, the amendment to Public Investments (Financial Safeguards) Ordinance, 1960 would help protect privatisation of PTCL and Pakistan Steel Mills. However, main thrust of his speech was the high taxation which, he feared, would lead to economic murder of workers.
Other laws and ordinances, which are being amended, include Workmen Compensation Act, 1923, Profession Tax Limitation Act, 1941, West Pakistan Industrial and Commercial Employment (Standing Orders) 1968, Companies Profits (Workers Participation) Act, 1968, Customs Act, 1969, West Pakistan Shops and Establishments Ordinance, 1969, Securities and Exchange Ordinance, 1969, Minimum Wages for Unskilled Workers Ordinance, 1969, Workers Welfare Fund Ordinance, 1971, Employees Old-age Benefits Act, 1976, Price Control and Prevention of Profiteering and Hoarding Act, 1977, Sales Tax Act, 1990, Income Tax Ordinance (XLIX of 2001), Microfinance Institutions Ordinance, 2001, and Customs Act, 1969.