August 2, 2003	Saturday	Jumadi-us-Sani 3, 1424

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ISLAMABAD, Aug 1: The PPP parliamentary party leader in the Senate, Mian Raza Rabbani, has said the inclusion of Article 58(2)(b) in the Constitution is against the concept of sovereignty of parliament.

In response to the statement of Qazi Hussain Ahmed about the Legal Framework Order and the constitutional amendments, the PPP deputy secretary-general said: “The inclusion of Article 58(2)(b) no matter with fetters is against the concept of sovereignty of parliament and hits at the root of parliamentary democracy.”

“We must learn from history that one of the destabilization factors in our polity has been when political questions have been referred to the judiciary.

“By providing for the reference of the dissolution of the National Assembly to be sent to the Supreme Court, the balance of trichotomy of power provided in the Constitution will be effected, the Assembly will become subservient to an institution for which it makes laws and this will add one more player in the power equation in the shape of the chief justice.

This will also have an adverse effect on the concept of independence of the judiciary.

“It is strange why the MMA wants to limit the term of the seats for women and the minorities with the life of this parliament,” he said adding the representation of these under-privileged segments of society must be ensured.

“It is also an established position in law that mutual agreement between two parties does not bestow legality to an act which otherwise is not in accordance with the law or the Constitution. Therefore, the continuation of the two offices of the President and the COAS in one person will be violation of the Constitution till it is removed.”

He said the other provisions of the proposal needed to be studied in detail, as the question of Article 270 AA also required deeper analysis.