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Legislation
Financial Accountability
(a) Legislation
Powers and Limitations
The Assembly is empowered to make laws such as criminal, criminal procedure, evidence and any matter.
It cannot, however, make any law which is
Repugnant to the injunctions of Islam as laid down in the Holy Quran and the
Sunnah
Discussion and voting on demands for grants including voting on motions for
reduction (Cut Motions), if any
..
Q. Write a detailed note senate under 1973 constitution. (2000/A and (2001/A)
Q.
Explain
(2000/S
and
2003/A)
(2005)
1.
Introduction:
The present constitution of 1973 provides the parliamentary from of government. Article 50
says that there shall be a Majils-e-Shoora (parliament) consisting of the president and the
two houses to be knows as the nationalassembly and the senate. the senate is the
upper house of parliament.
2.
Relevant
Article 59,
provision:
59,
60,
61.
3. Composition of
the senate:
Fourteen
Eight
consist
shall
shall
of
be elected by
100 members of
federal
each
whom:
provincial assembly.
administered
Tribal
Areas
in
prescribe.
(d) Four woman and four member by each provincial assembly to represent ulema,
technocrats,
and
3.
other
Qualification
(i)
professional.
for
the member:
Citizen
He
should
of Pakistan:
be
citizen
of Pakistan.
(ii)
He
Age:
should
not
be
less
than
thirty
year
of
age.
should
be mentally fit.
(iv)
Not insolvent:
He
should
not
(v)
be insolvent.
Not hold any office of profit:
He
should
system
The
device
of representation by single transferable vote has been adopted for election to thesenate in
order to give proportional representation to the various parties so that all parties may also
be
represented
and
have
share
5. Term of
in
political
life
of
the
country.
the senate:
According to the constitution the senate cannot be dissolved. The term of its member shall
be
6.
six
year.
Restrictions:
The candidate can not be member of both houses at a time and has to resign in one house.
7. Privileges of members:
Members of
following privileges:
(i) Freedom of
speech:
full freedom of
Not
speech
answerable
in
to
the house.
any
court:
No member is liable to any proceeding in any court for any thing said in the house.
(iii)
Salary
The members of
and
paid
allowances:
salary
and
(iv)
allowances.
Accommodation:
given
Summoning
free
and
accommodation.
prorogation
of
session:
The president of Islamic republic of Pakistan from time to time summon the senate to meet
at
place
9.
as
he
thinks
fit
and
may
Voting
also
prorogate
the
and
same.
quroum:
The quroum shall be one fourth of the membership and all decision shall be made
with majority vote.
10. Chairman and deputy chairman of
the senate:
The senate shall elect from amongst its members a chairman and a deputy chairman. they
-shall take oath of their office. the chairman and deputy chairman can be removed from
their office by passing a resolution with themajority vote of total membership of the senate.
11. Power and functions of
The senate has
the senate:
following
powers
and function.
(i)
Legislation:
The senate takes part in law making process. it is most important duty of the parliament.
the senate has powerto
pass
bill
or
reject
by national assembly.
(ii)
Administrative:
The senate keeps and watch on the administration. all important appointments are made by
the senate.
(iii)
Judicial:
The senate may make rules for regulating its procedure and conduct of its business. if a
person
in
performance
of
his
duties
any member of
move
or
creates
privilege
hurdle
motion
in
the
against
many
ways
for
example election of
republic
ofPakistan.
Amendment
in
amend
Removal
the Constitution:
the constitution.
of Grievances of
the grievances of
the people:
12.
problems.
Conclusion:
To conclude I can say that the senate is the upper house of parliament. it consist of
100 members.
it
is
continuous
body.
the members of
the single transferable vote. The daily sessions of the senate are presided by a chairman.
under theconstitution senate can not be dissolved.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Composition
The Parliament of Pakistan, according to the Constitution of 1973, is bicameral. Article 50 of the Constitution clearly
states that the Parliament of Pakistan consists of the President and two Houses known as the National Assembly and
the Senate.
National Assembly
The National Assembly has a total of 342 members, including 60 seats reserved for women and 10 for non-Muslims,
as per Article 51. The seats in the National Assembly are allocated to each Province, the Federally Administered
Tribal Areas (FATA) and the Federal Capital on the basis of population, as officially published in the last preceding
census. The present allocation of seats is as under:
Such resolution should not be voted upon before expiration of three days or later than seven days form the day on
which such resolution is moved in National Assembly.
3. When Can Resolution Not Be Moved
Such resolution should not be moved in National Assembly while National Assembly is considering demands for
those grants, which have been submitted to it in Annual Budget Statement.
4. Passing of Resolution
If such resolution is passed by a majority of total membership of National Assembly, Prime Minster ceases to hold
office.
Conclusion
To conclude that the Prime Minister is the real executive head of the country. He has strong constitutional position.
The Prime minster is the chief advisor to president. He is the leader of the house and elected for the term of 5 years.
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
AMENDMENT TO THE CONSTITUTION
A Bill to amend the Constitution may originate in either National Assembly or the
Senate. When the Bill has been passed by the votes of not less than two-thirds of
the total membership of the House, it is sent to the other House. In case it is passed
by the other House also by the votes of no less than two thirds, the President signs
it and the amendment is passed. A Bill to amend the Constitution which would have
the effect of altering the limits of a Province shall not be presented to the President
for assent unless it has been passed by the Provincial Assembly of that Province by
the votes of not less than two-thirds of its total 6 membership.
There are seven important functions of the Prime Minister of India these are : 1. Formation
of Ministry, 2. Distribution of Portfolios, 3. Chairman of the Cabinet Committee, 4. Chief
Co-ordinator of Policies, 5. Sole Adviser to the President, 6. Leader of the Nation, 7. Position
of the Prime Minister.
(1) Formation of the Ministry:
The Prime Minister forms the Ministry. With the appointment of the Prime Minister, the
essential task of the President is over, for it is left to the Prime Minister to select his
Ministers and present a list to the President. The President has no other alternative but to
appoint the Ministers as recommended by the Prime Minister.
It is correctly said that the Prime Minister "is central to its (Ministry's) formation, central to
its life and central to its death". The Prime Minister has the privilege to select his Cabinet
colleagues. If the Prime Minister resigns, it means the resignation of the whole Ministry.
When the Prime Minister dies, the Council of Ministers will automatically cease to exist. The
Prime Minister may remove the members of Council of Ministers at any time by demanding
the Ministers' resignation or getting them dismissed, by the President.
(2) Distribution of Portfolios:
Distribution of portfolios is another important task of the Prime Minister. He has a free
hand in assigning various departments to his colleagues. It is for him to determine the size
of the Cabinet and the Ministers to be included in it. He may even select ministers outside
the rank if he feels that a person is fit for a job. While distributing portfolios he is to look
that important members of the party do get important portfolios. In a federal State like
India be is to see that Ministers are selected from all parts of the country.
Further, there might be some aspirants for a few important portfolios like Home, Defence or
Finance. He has to bring amity and satisfy all in distributing the portfolios. His work is
indeed a difficult one. As Lowell points out. "His work is like that of constructing a figure
out of blocks which are too numerous for the purpose and which are not of shapes fit
perfectly together".
(3) Chairman of the Cabinet Committee:
The Prime Minister is the Chairman of the Cabinet Committee. He convenes and presides
over all the meetings of the Cabinet. He is to fix the agenda of such meetings. The Ministers
are individually responsible to him for the good administration of their respective
departments. The Prime Minister may warn advice or encourage them in discharge of their
functions. He is the head of the Council of Ministers. He acts as the Chairman of various
standing and ad-hoc Committees of the Cabinet.
(4) Chief Co-ordinator of Policies:
The Prime Minister is the chief co-ordinator of the policies of several Departments. In case
of conflicts between two departments, he acts as the mediator. He irons out quarrels among
various Ministers and departments. He keeps an eye on the working of all Departments of
the Government of India. He can ask for any file from any Ministry for his perusal.
In case of appointment of Governors and other high federal officers, the voice of the Prime
Minister counts and not that of the other Ministers. He is always vigilant regarding the
working of the important departments like the Finance, the Foreign Affairs and Home. He
also keeps close touch with foreign ambassadors and represents the Union Government at
the Conferences of Heads of Foreign Governments.
(5) Sole Adviser to the President:
The Prime Minister is the sole adviser to the President. The right to advice for dissolution of
the Lok Sabha rests with Prime Minister. The President is expected to accept the advice of
the Prime Minister and not that of other Ministers.
The Prime Minister is the only channel of communication between the President and the
Cabinet. He informs the President all the decisions taken in the Cabinet. If the President
does not accept the advice of the Prime Minister, the Prime Minister may resign. The
resignation of the Prime minister will create difficulty for the President to find out an
alternative Ministry. As long as the Prime Minister enjoys the confidence of the majority
members of the Lok Sabha it is difficult for the President to dismiss him.
(6) Leader of the Nation:
The Prime Minister is the leader of the nation. He is the chief spokesman of the
Governmental policies in the Parliament. All important policy announcements are made by
him in the Parliament. He is the leader of the majority party and as such he usually becomes
the leader of the House.
The British convention is that the Prime Minister should belong to the House of Commons.
Such a convention is expected to develop in India whereby the Prime Minister will belong to
the Lok Sabha which is the popular House in India. Personality and prestige of the Prime
Minister helps the party to get more votes during the time of election. The General Election
is in reality the election of the Prime Minister. In India, the choice of the First Prime
Minister fell on Jawaharlal Nehru who brought absolute majority to his party in the Centre
and the States in the First General Elections of India.
(7) Position of the Prime Minister:
The Constitution of India, as already pointed out, does not describe the office of the Prime
Minister in detail. It is, therefore, difficult to State what is the exact position of the Prime
Minister. The general accepted theory is that the Prime Minister is just like "primus inter
pares" or "first among equals". This is the phrase, which is used to describe the office of the
Prime Minister ship in a parliamentary system.
.
ntroduction
In the Parliamentary system Prime Minister is the head of the government and the whole system of the state revolves
round him. He is the leader of majority party in the parliament and he is the source of power. He is more power full
than the president.
Relevant provisions
Article 46,91,95 of the constitution of Pakistan.
The office of the Prime Minister according to the constitution of 1973
The Prime Minister under the constitution of 1973 is the real executive and head of the Govt. The president is merely
a constitutional figurehead who acts on the advice of the Prime Minister. Infact he is the real ruler of Pakistan.
Qualifications/characteristics for the office of Prime Minister (P.M)
Citizen of Pakistan
He
should
be
the
citizen
of
Pakistan.
National
Assembly.
should
be
the
member
of
He
should
not
hold
any
office
of
profit
in
the
service
of
Pakistan.
Ideology of Pakistan
He
should
believe
on
ideology
of
Pakistan.
Minister
is
given
different
allowances
and
salary
of
Rs.
56
thousands.
Power of appointments.
The PM has power to appoint the high ranking officials with the approval of the president of Islamic republic of
Pakistan. He appoints diplomas, ministerial staff and judges of the Supreme Courts and the High Courts. He also
appoints the members of National Finance Commission etc.
Financial Powers
The PM also performs finance matters. The budget is prepared under his supervision.
Public welfare
The PM works for the public welfare. He takes every possible step to improve the life style of the people of his
country.
Foreign Relation
The foreign policy is prepared under his guidelines. The diplomats are appointed by the president on the
recommendations of the PM.
Power of Legislation
The PM takes part in legislation. All proceedings are conducted with the consent of the PM. He plays a vital role in
law making.
Administrative Duties.
The PM performs the administrative function. He is responsible for the smooth running of the affairs of the country.
He maintains law and order in the country.
Defence of the country
The PM is responsible for the defence of the country. He can take step to improve the defence system of the country.
Power to Dissolve the National Assembly
The PM can ask the president to dissolve the national assembly.
Party head
The PM is the party head. He belongs to party who has majority in the house. He has his political significance.
Power to terminate ministers
The PM if not satisfied with the function of his minister he can terminate them.
Bridge between president and Cabinet
The PM is a link between president and cabinet. The PM is duty bound to inform the president about work of cabinet.
Representative of the Nation
The
PM
is
representative
of
the
nation
in
international
level.
Under the present procedure, a resolution for a vote of no confidence can be moved by not less than twenty percent
of the total membership of the National Assembly. The resolution shall not be voted upon before the expiration of
three days, from the day on which such resolution is moved in the national assembly.
Acting Prime Minister
On the death, sickness leave, resignation or foreign tour of the PM the senior minister look after the work.
Ending Remarks
While summing up it can be said that the PM is the real executive of the country. He has strong constitutional
position. The PM is the Chief Advisor of president. He is the leader of the house and elected for the term of 5 years.
He can be removed from his office be passing a resolution of vote of no confidence against him.
the
constitution
(1994/A)
of
Pakistan
1973?
(1997/S)
(2004/S)
1.
Introduction:
In the constitution of 1973 parliamentary system was introduced in the country. the head of
the state is called president. he runs the business of the state through the prime minister.
2.
Relevant
provisions:
Article 54, 58-2B, 56-1, 58-1, 75, 89, 45, 232-235, 153, 155, 213-221, 101, 92, 91 2(a)
213,
243,
3.
242,
156,
Constitutional
160,
position
243(a)
of
243-2.
the
president:
The president is only a constitutional head of the state. the constitution declares that the
president
4.
shall
act
Powers
I.
in
and
accordance
functions
or
Legislative
(a)
with
the
advice
duties
of
of
the
president
powers
prime
of
Pakistan:
and
Summoning
minister.
functions:
of
parliament:
The president has power to summon either or both houses of parliament in a joint sitting to
meet
at
such
(b)
time
and
place
Address
as
he
thinks
the
fit.
parliament:
The president may address either house of the parliament and may require the attendance
of
all
(c)
Right
The
members
of
president
(d)
for
the
speak
has
right
Dissolution
purpose.
in
to
parliament:
speak
of
in
parliament.
national
assembly:
The president of Pakistan may dissolve the national assembly at his own discretion:
(e)
The
Promulgation
president
is
of
empowered
ordinance:
to
promulgate
ordinance.
(f)Referendum:
The president is empowered to hold referendum if the there is matter of national
importance.
(g)
The
Appointment
president
is
II:
Judicial
(a)
Appointment
Chief
Justice
of
Supreme
of
empowered
care-taker
to
appoint
powers
of
Court
Chief
of
Pakistan
cabinet:
care-taker
and
Justice
is
appointed
cabinet.
functions:
of
by
Pakistan:
the
president.
(b)
The
Appointment
president
(c)
Chief
Justice
of
is
(f)
is
by
of
to
Determination
the
Pakistan.
court:
of
Pakistan.
high
judge
in
court:
high
court.
High
additional
of
of
president
of
appoint
court:
high
in
each
judges
court
of
judge
appointment
supreme
supreme
Justice
each
empowered
the
the
appointed
of
Additional
president
in
in
Chief
court
makes
judge
judge
of
high
president
each
each
Appointment
(e)
The
appoints
Appointment
(d)
The
of
judge
court:
of
salaries
high
courts.
of
judges:
The president determines and approves the salaries of judges of supreme court.
(g)
The
President's
president
can
power
condone
(h)
or
to
reduce
grant
the
pardon,
punishment
Transfer
given
by
etc.
the
of
courts.
judges:
The president can transfer the judge of one high court to another high court in the country.
III:
Foreign
(a)
The
Settlement
president
has
(b)
Appointment
The
president
IV.
settle
president
is
of
the
representative
Attorney
general
(d)
(f)
of
(g)
of
appoints
Members
president
(h)
Member
president
the
is
of
members
the
member
of
the
country.
Provinces:
of
provinces.
of
Pakistan:
by
finance
president.
commission:
national
finance
commission.
of
Islamic
ideology:
of
council
of
of
member
the
of
of
Islamic
ideology.
common
council
national
V.
in
appointed
council
appoints
emergency
general
council
of
appoints
emergency:
national
member
nation.
functions:
governors
Pakistan
of
Members
united
Governors
attorney
the
president
in
nation:
and
proclaim
the
Member
appoint
to
of
Appointment
united
of
empowered
affairs.
ambassadors.
in
powers
appoints
foreign
the
representatives
Appointment
(c)
the
Ambassadors:
appoints
Proclamation
President
The
to
patters:
of
Executive
(b)
The
power
appoints
(a)
The
the
president
(c)
He
of
Appointment
The
The
affairs:
of
interest:
common
interest.
economic
of
national
council:
economic
council.
Military
(a)
Powers:
Declaration
President
of
Islamic
(b)
republic
of
of
Pakistan
is
empowered
Settlement
President
(c)
plays
an
important
Appointment
of
war:
to
declare
of
role
Chief
in
the
war.
Peace:
settlement
of
Armed
of
peace.
Forces:
Presidents appoints the chief of Army staff, chief of the Chief of navel staff and air force of
Pakistan.
(d)
Send
the
Army
for
the
help
of
other
countries:
President can send the army for the help of other countries and in untied nations.
5.
Conclusion:
To conclude I can say that; the president of Islamic republic of Pakistan is the constitutional
head of the state. he is elected by the joint session of the parliament. he is elected for the
period of 5 years. the president runs the business of the state through prime minister. he
can dissolve the national assembly.
.
OFFICE
OF
PRESIDENT?
WHAT
IS
THE
2).The
Qualifications
1). He is Muslim.
2). He is not less than forty five year of age.
3). He is qualified to be elected as a member of the National
Assembly.
Explanation
The question whether a person is eligible for
election is to be determined by the Chief Election
Commission, and when a person has been declared
to have been duly elected as President, the validity
of the election cannot be called in question by or
before any court or other authority in any manners
whatsoever.
Term of office of President
According to Article
1). Subject to the constitution, the President shall hold office for a
term five year from the day of enters upon his office Provided that
the President shall, not withstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
2).Subject to the constitution, a person holding office as President
shall be eligible for re-election to that office, but no person shall hold
that office for more than two consecutive terms.
3).The President may, by writing under his hand addressed to the
speaker of the National Assembly resign his office.
Explanation
The
present
constitution
envisages
that
the
President
in
the
present
constitution
is
of
emergency
is
in
force,
the
any
court
for
the
enforcement
of
Background[edit]
The power of the President to dissolve the Parliament was enacted by the Eighth Amendment to the
Constitution of Pakistan during the presidency of Gen. Muhammad Zia-ul-Haq, before it was
removed by then-Prime minister Nawaz Sharif during his second term by the Thirteenth Amendment.
It was finally restored during the presidency of Gen. Pervez Musharraf by the Seventeenth
Amendment.[2] This bill is the first bill since 1973 to decrease the powers of the President. [5]
Back then, this amounted to the only democratically elected parliament to fully complete its tenure in
the history of Pakistan from 20032008, albeit under Musharraf, who was a dictator in Pakistan. The
second complete parliamentary term was completed by the PPP led government from 2008-2013
which had in fact passed the 18th Amendment. However, this 2008-2013 term is often touted to be
the first complete democratic change of power without a military president or a coup de etat in
Pakistan.[4]
Some new features were also introduced into the constitution, including the following:
The name of the former president of Pakistan, Gen Zia, has been removed from the text of
Constitution
The 17th Amendment and Legal Framework Order as introduced by Musharraf has been
repealed
The ban on third time prime ministership and chief ministership has been lifted
The council of Common Interest (CCI) has been reconstituted with the prime minister as its
chairperson and the body should meet at least once in 90 days
A judicial commission will recommend the appointment procedure of superior judges and the
final names of judges will be decided by parliamentary commission
A Chief Election Commissioner will be appointed through consensus between treasury and
opposition
Establishment of Islamabad high court and benches of high courts in Mengora and Turbat
Impact[edit]
292 of the 342 members of the National Assembly, the lower house of Parliament, voted in favour of
the amendment. The amendment turns the President into a ceremonial head of state and transfers
power to the Prime Minister,[6] and removes the limit on a Prime Minister serving more than two
terms, opening the way for Nawaz Sharif to run again. The North-West Frontier Province is
renamed Khyber Pakhtunkhwa, in accordance with the wishes of its Pashtun-majority population.
Among other changes, courts will no longer be able to endorse suspensions of the constitution, a
judicial commission will appoint judges, and the president will no longer be able to appoint the head
of the Election Commission.[3] The bill also enhances provincial autonomy.[7] The President will no
longer be able to declare emergency rule in any province unilaterally.[5]
Response[edit]
An editorial published in Dawn welcomed the amendment and urged parliament to go further and
undo
the
destructive
legacy
of General
Zia's
rule
and
re-examine
the Hudood
Ordinance and Blasphemy law in Pakistan.[8] Ahmed Kurd, former president of the Supreme Court
Bar Association of Pakistan, said "We fully support the 18th Amendment. It is tantamount to the
overhauling of the constitution, which had been subverted by military dictators since its inception. In
the past, parliaments have just been 'rubber stamps', whereas the present parliament seemed to be
well aware of its obligations, and therefore, was 'throwing out' the 'unconstitutional' amendments." [9]
forward
three
names
for
appointment
of
the Chief
Election
of
emergency
disturbances
would
require
in
a
the
province
resolution
due
from
to
the
internal
provincial
assembly.
If the president acts on his own, the proclamation of emergency shall be placed before
both houses of parliament for approval by each house within 10 days.
On dissolution of the assembly or completion of its term, or in case it is dissolved under
Article 58 or Article 112, a caretaker shall be selected by the president in
consultation
with
the
prime
minister
and
the
leader
of
the
and
the
LFO
(Second
Amendment)
Order,
2002
(Chief
Introduction
Parliamentary Committee on Constitutional Reforms Chairman Senator Raza Rabbani
presented a report with the draft of the 19th Amendment bill to incorporate Supreme
Courts recommendations in the mechanism of the appointment of judges in the superior
courts
in
the
National
Assembly
on
21st
December,
Amendments
2010.
proposed
By amending Article 182 of the constitution, the 19th Amendment has withdrawn powers
from the chief justice of Pakistan for the appointment of ad hoc judges and transferred them
to the Judicial Council of Pakistan (JCP). Under the proposed bill, the president will now
carry
out
the
appointments
on
the
recommendation
of
the
JCP.
The committee has also amended clause 2 of the Article 175-A and now under the proposed
amendment, four instead of two most senior judges will be appointed in the JCP.
Speaking after presenting the report in the House, Rabbani said the committees unanimous
report reflected political maturity and seriousness of all parliamentarians and those having
representation
in
the
reforms
committee.
In draft the committee proposed 26 amendments in six articles of the constitution including
articles
81,
175,
175-A,
182,
213
and
246.
175.
of
judges.
The 19th Amendment Bill also proposed an amendment in Article 175-A which binds the
parliamentary committee to justify its decision in case it rejected any nominee of the
Judicial
Commission
for
the
appointment
of
judges.
By amending clause 13 of the Article 175-A, the committee included the prime minister in
the appointment of judges. Under the 19th amendment draft bill, the parliamentary
committee shall send the name of the nominee confirmed by it or deemed to have been
confirmed
to
the
prime
minister
who
shall
forward
it
to
the
president.
Earlier, in the 18th Amendment, the prime minister had no role and the parliamentary
committee
had
to
forward
the
nominees
to
the
president.
The 19th Amendment bill also proposed that committee meetings will be held in camera and
a
record
of
its
proceedings
shall
be
maintained.
The parliamentary committee will be allowed discuss and consider the conduct of judges but
parliament
would
not
be
allowed
to
discuss
the
conduct
of
judges.
The criterion for the representation of the provincial bar councils in the Judicial Commission
for the selection of the chief justices of high courts has also been explained.
The senior advocate of the provincial bar council with 15 years of experience will be included
in
the
JC.
In the 19th Amendment bill, the constitutional reforms committee has also proposed
amendments composition of judicial commission for the appointment of judges of the high
court.
A judge who happens to be a candidate for the post of chief justice wont sit with the high
court chief justice and two most senior judges in the JCP. The chief justice of Pakistan, in
the absence of provincial chief justice, shall include a former chief justice or a judge in the
JCP in consultation with the four senior-most judges included in the JCP, the amendment
says.
000000000000000000000000000000
The National Assembly has unanimously passed the 20th Constitutional Amendment. It was a
historic day as the democratic government achieved another milestone by proposing and
approving the 20th amendment with the consensus of all the stakeholders. The passage of the
20th Constitutional Amendment has strengthened democracy. A precedent has been set for all
to follow. The PPP government has continued its tradition of following a policy of reconciliation
as 18th and 19th amendments were also passed by the parliament with full consensus. The
unanimous passage of 18th, 19th and 20th amendments has restored a genuine parliamentary
system in the country and has ensured more autonomy to provinces. 247 members from both
the government and opposition benches in the lower house voted for the amended version of
the bill. No members present in the house voted against it.The amendment has set down a
process to install a caretaker set-up and hold free and fair elections in the future. Through this
PPP government has ensured free, fair and transparent elections in the country for future
generations and an independent Election Commission. It is democratic governments credit that
from now on there will not be any imported caretaker prime minister in this country. Even a
minor role for appointing the caretaker prime minister to hold general elections has been
eliminated by the 20th Constitutional Amendment.The Parliament has given the Election
Commission of Pakistan such powers which have no parallel in the world. The 20th
Constitutional Amendment Bill 2012 has given the ECP sweeping powers by minimizing the
governments direct role in the appointment and removal of its members. Under the new
mechanism of choosing caretakers, as envisaged by the amendment, both the prime minister
and the leader of the opposition in the National Assembly would hold a consultation on the
matter. The process of finalizing names must be completed within three days of the assembly
being dissolved. In case the premier and the opposition leader fail to agree, an eight-member
committee comprising four members from both sides will come up with its suggestions. If this
panel also fails to agree, the ECP will then be empowered to send names to the president.The
amendment also envisaged that four members, one from each province, would be chosen for
five years and the government would have to follow the same procedure to seek their removal,
as is the case with High Court judges. An incumbent prime minister or chief minister will
continue to hold office till the appointment of their replacements. The amendment also allows
political parties to make additional nominations to their lists for parliamentary seats reserved for
women and minorities if an existing list is exhausted. The bill now needs passage through
Senate to become effective. SHUAIB AHMED WADHO, Islamabad, February 15.
..
ISLAMABAD: The National Assembly on Thursday approved 22nd Amendment in the Constitution
of Pakistan with 236 votes, ARY News reported.
Federal Minister of Law Zahid Hamid after passage of the amend unanimously,
congratulated the house. He also said that a report on the electoral reforms will be
tabled in the National Assembly.
The 22nd constitutional Amendment involves procedure to be adopted for the
appointment of Chief Election Commissioner (CEC) and members of the Election
Commission of Pakistan (ECP).
The amendment is based on the recommendations of the Parliamentary Committee on
Electoral Reforms regarding the qualification and other prerequisites for the CEC and
the members of the ECP.
According to the amendment, a retired judge of the Supreme Court, a senior bureaucrat
or a technocrat would be elegible for appointment as the Chief Election Commissioner.
A retired judge of any high court will also be eligible for the office.
The Prime Minister and the Leader of the Opposition if fail to agree over a candidate,
they could dispatch their recommendations separately to the parliamentary committee,
which would have the final say in the matter.
Each province would have one member in the Election Commission and two members
of the ECP will stand retired after two and a half years, while the other two would retire
after the next two and a half years.
..
ISLAMABAD: The Senate on Thursday passed the 22nd amendment bill, changing the
eligibility criteria for the chief election commissioner (CEC) and four members of the Election
Commission of Pakistan (ECP).
As many as 71 members voted for the constitution amendment bill after a number of senators,
both opposition and treasury members, lashed out at the government for not giving them
sufficient time to review the law, which had already been passed by the National Assembly.
Thanks to the amendment, civil servants and technocrats have now become eligible for
appointment as the CEC and ECP members, in addition to serving or retired judges of the
superior courts.
The bill has set an age limit of 68 years for the CEC and 65 years for the ECP members. Besides
this, two of the four ECP members this year will have to retire after completion just half of their
five-year term and lots will be drawn to determine who will be the ones to retire early.
During a general debate on the bill after it was presented by Law Minister Zahid Hamid, senators
criticised the government for tabling the bill at the eleventh hour, as four ECP members were
about to retire in a weeks time, leaving them with no option but to vote for it.
Pointing out a number of flaws in the bill, senators called it a poorly-drafted law, but said they
had to vote for the bill because they had made a commitment with the government and agreed
with its basic objectives.
Despite its passage from both houses of parliament, experts believe that with Prime Minister
Nawaz Sharif recovering from his surgery it will be nearly impossible for the government and
opposition to reach a consensus on names of new appointees before the retirement of the
incumbent ECP members.
The government had convened the Senate session on Thursday between the presidents
address to a joint sitting of parliament and the presentation of the federal budget to ensure the
presence of a maximum number of members in order to ensure the passage of the constitution
amendment.
Opposition Leader Aitzaz Ahsan said the opposition had certain objections to the bill, but they
had decided to vote for it under compulsion since the incumbent members of the ECP were set
to retire on June 10.
Former law minister Babar Awan regretted that the members were passing the bill under the
doctrine of necessity.
MQMs Tahir Mashhadi said hurried legislation was always considered bad legislation.
ANPs Shahi Syed staged a walkout from the house in protest, saying that he would not vote for
the bill. However, he later returned to the house and even voted for the bill alongside other
members of his party.
Finance Minister Ishaq Dar, who is head of the parliamentary committee on electoral reforms
which prepared the bill, dispelled the impression that it was being imposed on the Senate, saying
that it had been unanimously passed by the representatives of all political parties in the 34member parliamentary committee following lengthy deliberations. The committee, he said, had
11 members from the Senate.
Controversy
The passage of the amendment bill also witnessed a controversy. The presence of at least 70
senators is required in the 104-member house for the passage of a constitution amendment.
However, the decision of Senator Mohsin Leghari during a clause-by-clause review to oppose
three clauses of the bill due to the rejection of his proposed amendments made the process
controversial.
Chairman Raza Rabbani announced that 69 members had voted in support of clauses 2, 4 and 5
of the bill, whereas one member had cast his vote against them.
Mr Awan later told reporters that the bill had been passed unconstitutionally as votes on three
clauses of the bill remained less than the required two-thirds strength of the house.
Drone strike
Later, members took part in a debate on the drone attack in Balochistan that killed Taliban leader
Mullah Mansour. Besides condemning the US for violating the countrys sovereignty, opposition
senators questioned the presence of Mullah Mansour on Pakistani soil, with a Pakistani passport
and CNIC.
They asked the government to say clearly whether the US was a friend or foe and alleged that the
US wanted to sabotage the ongoing peace process in Afghanistan through such attacks.
Winding up the debate, PMs Adviser on Foreign Affairs Sartaj Aziz said the government had
decided to raise the issue of drone attacks at the International Human Rights Council.
236 members vote in favor, no vote cast against the 22nd Amendment;
Amendment gives final word to parliamentary committee if PM, opposition leader
cant agree on a decision
The National Assembly on Thursday unanimously passed the 22nd Amendment in the
Constitution of Pakistan. The bill aims to amend the procedure for the appointment,
qualifications and other prerequisites for the chief election commissioner and members of
the Election Commission of Pakistan (ECP). The amendment also sets the maximum age
limit for the chairman and members at 68 and 65 years, respectively.
Every province will be represented in the Election Commission as one member each will
come from every province. Previously, all the members of the Commission retired on the
same day, after the 22nd amendment the EC will work around the year. During the 5 years
term two members will retire after 2.5 years and the other two will retire after 5 years. For
the first term, the Commission will draw lots to choose the two members to retire after 2.5
years.
The amendment titled, The Constitution (Twenty-Second Amendment) Bill, 2016 was
introduced in the house by Minister for Law and Justice Zahid Hamid.
Previously, the constitution stipulated that only former judges of the Supreme Court or High
Court were qualified to be considered to become members of the Chief Election
Commissioner. However, after the amendment a retired judge, or an on-duty one, a former
senior bureaucrat and even a technocrat can be made members of the Election
Commission.
In case the prime minister and the leader of the opposition do not reach a consensus over
the person to be appointed as chief election commissioner, both will send separate
recommendations to the parliamentary committee for consideration, whose decision in this
regard will be deemed final.
Finance Minister, Ishaq Dar who also chairs the Parliamentary Committee on Electoral
Reforms and Law Minister Zahid Hamid congratulated the nation and said that the passage
of the bill unanimously is a historic moment in the countrys constitutional history.
After the 22nd amendment the preparation of electoral rolls for the election of local bodies
and delimitation of previous constituencies will be the responsibility of the Election
Commission as well. Previously, in the absence of the chief election commissioner, the
second senior most judge of the Supreme Court would become the acting CEC. After the
amendment the senior most member of the Election Commission will act as the acting CEC.
The current four members of the Election Commission of Pakistan will retire on June 10.
Minister for Law and Justice Zahid Hamid and Finance Minister Muhammad Ishaq Dar said
it is a historic occasion that the 22nd Amendment in the constitution has been passed
unanimously.
They congratulated all the parties and members of the Parliamentary Committee on
Electoral Reforms for creating consensus and passing the bill.
Zahid Hamid said electoral laws will soon be finalised by the committee.
Earlier, the House suspended the question hour to take up legislative business.
The 22nd Amendment Bill amended articles 211, 213, 215, 217, 218, 219 and 222 of the
Constitution of Pakistan.