Why bypass parliament?

Published April 10, 2018

THE tax and economic reforms package that Prime Minister Shahid Khaqan Abbasi announced last week has many elements and some are undeniably controversial, such as the tax amnesty offered to Pakistanis holding assets abroad or undeclared assets inside the country.

Indeed, the amnesty does not inspire confidence that the PML-N is serious about economic reforms, even if the party does go on to win another term in office in the general election.

But set aside those very real concerns for a moment and focus on another damaging and unnecessary move by the PML-N: having President Mamnoon Hussain promulgate four ordinances on Sunday instead of taking the reforms package to parliament.

Presidential ordinances are recognised by all parties as a potential subversion of the democratic process and therefore the Constitution was amended to further restrict their use.

But parties that are in opposition are drawn to the legislative shortcut when in power and the PML-N is no exception.

There is no justification whatsoever for the PML-N to have used presidential ordinances to bypass parliament to bring into law its tax breaks and sundry changes.

The argument that parliament is about to complete its term and therefore a quicker path was needed is really one against the ordinances: why not include the so-called reforms in the PML-N’s election manifesto and let the voters decide if they support such dramatic concessions?

Neither is it parliament’s fault that former prime minister Nawaz Sharif and former finance minister Ishaq Dar were not interested in such reforms — reforms that the current prime minister and current finance adviser now claim are essential to economic growth and bolstering the state’s finances.

If the reforms are so essential, why not permit parliament to debate them?

The PML-N may have suffered a reversal in the Senate recently, but the party has more senators now than it did before the election.

With the aid of allies, as it has done for the past four-plus years, the PML-N can still have legislation passed in the Senate.

The problem is twofold.

The reforms are controversial and do not appear to pass an economic smell test.

A tax amnesty could theoretically make economic sense; but would need to be carefully designed and properly vetted.

The PML-N’s new law appears to be designed more to appeal to special interests and perhaps a small section of potential voters ahead of the general election.

In addition, the PML-N generally appears to have a disdain for parliamentary norms and procedures.

Mr Sharif was infamous for his aversion to attending parliamentary sessions, but the situation has barely improved since his ouster.

Prime Minister Abbasi often appears more eager to brief Mr Sharif in one of the latter’s residences than take parliament into confidence.

Negative attitudes at the very top can affect the standing parliament.

Published in Dawn, April 10th, 2018

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