ISLAMABAD, March 17: The first formal session of the National Assembly has not “commenced” yet and will commence only with the address of president to the joint session of parliament as required under Article 56(3) of the Constitution.
Official sources told Dawn that the sessions held for oath taking, elections of speaker and leader of the house as well as those “requisitioned” by the opposition were “technical”. The parliamentary year would commence with the address of President General Pervez Musharraf to the joint session of parliament, the source said.
Opposition members have termed the delay in the presidential address a “violation of the constitution”. They said President Musharraf had shown scant respect for parliament which he himself had “crafted.”
Chaudhry Aitzaz Ahsan, a PPP MNA, said the president had showed total disregard and disrespect for parliament. “This is a very serious lapse, and I hope that parliamentarians are prepared to take a serious view of this matter, because it amounts to contempt of parliament.”
The official source, requesting anonymity, said the joint session would only be possible in April when the prime minister returned from the United States.
Article 56(3) reads: “At the commencement of the first session after each general election to the National Assembly and the commencement of the first session of each year the President shall address both House assembled together and inform the Majlise Shora (Parliament), of the causes of its summon.”
Government legal experts are of the view that even if the president does not address the session, no consequences will flow as Article 56 provides no consequence in case the requirement under the provision is not fulfilled. They contend that Article 56(3) is not “mandatory” but “directory” in nature.
The address to the joint session by President Musharraf is expected to be a noisy affair, as opposition parties are not ready to accept him as president on the basis of what they call a controversial referendum.
Opposition parties are insisting that Gen Musharraf should lay down the uniform and become president through the constitutional mechanism.
Mr Ahsan said any view that a requisitioned session or the earlier sittings of the National Assembly were not formal sessions would amount to a denial of these working days, in the calender of either house which mandates a minimum number of sittings in a parliamentary year, namely, 130 days for NA and 90 days for the Senate.