Sacking powers may be restored : Constitutional amendments proposed
By Ihtasham ul Haque
ISLAMABAD, June 26: The government on Wednesday unveiled its proposed constitutional package that seeks to restore the discretionary powers of the president and the governors to remove the prime minister and chief ministers, respectively.
A cabinet meeting, presided over President Gen Pervez Musharraf, extensively discussed the proposals with a view to improving the performance of political and democratic institutions of the country. There are 29 constitutional amendments proposed by the National Reconstruction Bureau headed by Lt-Gen (retd) Tanvir Naqvi.
“These are only proposals which are being made public to solicit the opinion of the nation, and after one month the federal cabinet and the National Security Council will meet to finalize the issue,” Information Secretary Syed Anwar Mahmood told a press briefing.
The package proposed that the term of the National Assembly should be reduced from five years to four years. The number of NA seats have been purposed to be increased from the existing 207 Muslim members to 357 members.
A major amendment has been proposed in Article 58 (Dissolution of the National Assembly). The existing provisions of the Constitution say that the prime minister shall hold the office “during the pleasure” of the president, but the president shall not exercise his powers under this clause unless he is satisfied that the prime minister does not command the confidence of the majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the prime minister to obtain a vote of confidence from the assembly.
According to the proposed provision, if in the opinion of the president, the cabinet with the prime minister at its head is responsible for serious abuse of authority or failure to check corruption or compromise on national security interests or violation of the Constitution, he may, in his discretion, relieve the prime minister and the cabinet of their functions and appoint another member of the National Assembly under clause (2) as the prime minister. “Provided that prime minister relieved of his functions shall not be appointed prime minister for the remaining term of the National Assembly; and the prime minister may, by writing under his hand addressed to the president, resign his office,” the proposed amendment said.
There is no change in the existing and proposed provisions of Article 58 that the president shall dissolve the National Assembly if so advised by the prime minister, and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of 48 hours after the prime minister has so advised. However, a new provision has been added, which says: “Provided that the president may not dissolve the National Assembly if, within forty-eight hours he (a) relieves the prime minister under clause (5) of Article 91; or (b) requires the National Assembly to pass a resolution or otherwise, within seven days of the receipt of the message from the President; and where the National Assembly endorses the advice of the prime minister, the assembly shall stand dissolved forthwith or act accordingly where the Assembly declines to endorse the advice of the prime minister”.
A new provision has also been added in Article 58 that the president may, in his discretion, dissolve the National Assembly where in his opinion, (b) a situation has arisen in which the government of the Federation cannot carry on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary. (3) Where the president dissolves the National Assembly, or it stands dissolved on the completion of its term under Article 52, the president shall, in his discretion, appoint a care-taker cabinet with a caretaker prime minister as its head: Provided that such prime minister shall not be eligible to contest impending general elections.
The proposals also seek to do away with 10 National Assembly special seats for Christians (4) Hindus belonging to the scheduled cast (4), Sikh, Buddhists and Parsi communities and other non-Muslims (1), and persons belonging to the Qadiani group or the Lahori group (who call themselves Ahmadis) (1).
The package proposes an increase in Balochistan Assembly’s seats from 40 to 67; NWFP’s from 80 to 130; Punjab’s from 240 to 390, and Sindh’s from 100 to 171 seats. The term of the provincial assemblies has also been proposed to be reduced from five years to four years.
The NRB experts did not seek major change in the existing provisions of Article 62 that deals with the eligibility of a person seeking to contest the election. Nevertheless, any person who has obtained a loan of Rs2 million or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loans written off; or he or his spouse or any of dependents has defaulted in payment of government dues and utility expenses, including telephones, electricity, gas and water charges, for over six months at the time of the filing of his nomination paper, will not be allowed to take part in the election.
The NRB also proposes an amendment in Article 17 that deals with the freedom of association. According to the existing provisions, every political party shall account for the source of its funds in accordance with law. However, a new provision has been added that no political party will be allowed to promote sectarian, linguistic, regional, and provincial hatred or animosity, or be titled or constituted as a militant group or section. Also, every political party will be required to promote a federal democratic culture within the party, and subject to law, hold intra-party elections to elect its office-bearers and party leaders.
A provision has been included in Article 47 of the Constitution for the removal of the president and now each vote of the senator will be considered as two to give more say to the Upper House in the removal of the president.
The number of seats of the Senate has also been proposed to be increased from 87 to 100. The term of Senate has been proposed to be reduced from six years to four years.
Under the existing provisions, election to fill seats in the Senate allocated to each province shall be held in accordance with the system of proportional representation by means of the single transferable vote. But the proposed provisions say that the constituencies for seats allocated to each province, FATA and the federal capital, including seats reserved for women and technocrats, shall be such that each province, FATA and the federal capital, respectively, form one constituency with as many seats as are allocated thereto under clause (1).
About the president’s assent to Bills — Article 75 — the proposal says that when the president has returned a Bill to the Majlis-i-Shoora (parliament), it shall be reconsidered by Majlis- i-Shoora and, if it is again passed, with or without amendment, by the parliament, in accordance with Article 70, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the president and the president shall not withhold assent therefrom.
The existing emergency provision (Article 232) says that a proclamation of emergency shall be laid before a joint sitting which shall be summoned by the president to meet within thirty days of the proclamation being issued, and shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by a resolution of a joint sitting. According to a new proposal, a proclamation of emergency shall be laid before the Majlis-i-Shoora which shall be summoned by the president to meet within thirty days of the proclamation being issued and, shall cease to be in force at the expiration of two months unless before the expiration of that period it has been approved by resolution of both Houses voting separately, and shall subject to the provisions of paragraphs (a) cease to be in force upon a resolution disapproving the proclamation by either House.
The new amendment dealing with Article 91 (the cabinet) omitted (2A) notwithstanding anything contained in clause (2) after March 20, 1990, the president shall invite the member of the National Assembly to be the prime minister who commands the confidence of the majority of the members of the National Assembly, as ascertained in a session of the assembly summoned for the purpose in accordance with the provisions of the Constitution. The new amendment proposes that the person appointed under clause(2) shall, before entering upon his office, make before the president oath in form set out in the Third Schedule and shall, with a period of sixty days thereof, obtain a vote of confidence from the National Assembly.
There is no existing provision for National Security Council, and according to the proposed provisions, there shall be a NSC to serve as consultation forum on (a) strategic matters pertaining to the sovereignty, integrity and security of the state; (b) structures, system and state of federal democracy and governance; and (c) removal of federal or provincial cabinets, dissolution of National Assembly and proclamation of emergency. (2) The president shall be the chairman of the NSC and its members shall be the prime minister and chief ministers of provinces, the chairman of Joint Chief of Staff Committee, the chiefs of the Pakistan Army, Pakistan Navy and Pakistan Air Force. (3) Meeting of the NSC may be convened by the president either of his discretion, or on the advice of the prime minister, or when requested by another of its members, within the time- frame indicated by him.
