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October 31, 2002
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Thursday
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Sha’aban 24,1423
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Revival of Constitution after PM’s oath
By Khawar Ghumman
ISLAMABAD, Oct 30: The revival of the Constitution will be the last item in the scheme being worked out by the government for the transfer of power to the elected government, Dawn reliably learnt.
The Constitution, which has been held in abeyance since the military take over in Nov 1999, will be revived at the end of the process when the president and elected prime minister will be sworn in, sources close to the Cabinet told this reporter
They said, in the recently-held meeting, the Cabinet was informed that the revival of the Constitution, oath-taking of the president and PM would take place on the same day as the last item in the process of transition of power.
The Cabinet discussed the issue of the appointment of a two- time chief minister as the prime minister. It was pointed out that the intent of the law on this subject was that there was no bar on a two-time CM to become a PM and vice versa.
However, it was concluded that the law needed legal interpretation, therefore, the issue should be examined separately, and later, through a presidential order it was clarified that there was no bar on any individual who had twice held the portfolio of chief minister or prime minister during an interim setup to assume the position third time.
The federal Cabinet at its meeting held on Oct 23, was taken into confidence over the plans being prepared by the government for finally handing over power to an elected prime minister, sources said.
The decision to revive the Constitution after the oath of the members of the National Assembly and election of the Speaker, and his oath would mean that the MNAs-elect would be administered oath under the controversial Provisional Constitutional Order (PCO).
The leaders of Muttahida Majlis-i-Amal, who have been maintaining a very tough stance on the Constitution and oath- taking, have been demanding that the MNAs-elect should be administered oath under the Constitution and not under the PCO.
However, President Pakistan Muslim League (J), Hamid Nasir Chattha, had stated that oath was too trivial an issue and it should not become an impediment in the revival of elected institutions.
Similarly, Pakistan Muslim league (QA) allegedly being dubbed as king’s party has no objection and ready to enter the parliament house under the PCO.
The Supreme Court Bar Association in a recent statement, which it submitted before the a five-member bench of the Supreme Court had stated that the independence of judiciary had ceased to exist after the oath-taking of judges under the Provisional Constitutional Order.
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