ISLAMABAD: The Senate Standing Committee on Law and Justice is set to take up a heavy legislative agenda that includes 11 private member’s Constitution amendment bills in its meeting here on Wednesday (today).

Through the bills, mostly tabled by the opposition members, the movers have suggested some crucial changes to various provisions of the Constitution related to the promulgation of ordinance, increase in the powers of the Senate, ensuring meaningful participation of the provinces in the affairs of the federation and fundamental rights of the citizens of Pakistan.

The most important bill on the committee’s agenda is aimed at preventing the successive governments from misusing Article 89(2) of the Constitution which allows the government to promulgate ordinances when the National Assembly or the Senate is not in the session.

The bill had been moved by Pakistan Peoples Party (PPP) Senator Raza Rabbani during the Senate session on June 8, 2020.

Movers suggest some crucial changes to various provisions of Constitution

Through the bill, Mr Rabbani has sought an amendment making it binding upon the government to lay the ordinance in the first sitting of either house of the parliament after its promulgation, stating that in case of the failure of the government to do so, the ordinance “shall stand repealed” automatically.

“There is a long history of the misuse of the power of the president to promulgate an ordinance, when the parliament is not in session and such extreme circumstances exist wherein legislation becomes imperative,” says the Statement of Objects and Reasons attached to the bill.

The parliament, it says, has consciously been placing fetters on such power of the president, but unsuccessfully.

“In the recent past, there has been inordinate delay in laying the ordinances promulgated when the parliament was not in session in contravention of Article 89 of the Constitution. This process has denied the members of both the houses from exercising their Constitutional right of moving a resolution for disapproval [the ordinance] under Article 89 of the Constitution,” says the bill.

Through another bill, Mr Rabbani has sought right of speech and participation in the Senate proceedings for the provincial chief ministers.

“A chief minister shall have the right to speak and take part in the proceedings of the Senate of Pakistan when so invited by the [Senate] chairman, but shall not by virtue of this Article be entitled to vote,” says the proposed amendment to Article 57 of the Constitution, which allows the prime minister, who is the leader of the house in the National Assembly, to take part in the proceedings of the upper house.

Through another amendment, Mr Rabbani has sought to increase weightage of the votes of senators during the proceedings of the joint sitting of the parliament.

The amendment has apparently been moved by the PPP senator in the wake of the present government’s dependence on doing legislation in the joint sitting of the parliament as it lacks majority in the Senate.

The proposed amendment to Article 72 of the Constitution reads: “Provided that one vote of a member of Senate shall be proportionate to the total number of seats in the National Assembly divided by the total number of seats in the Senate.”

If the formula is applied, then one vote of a senator will be equivalent to 3.4 votes as the National Assembly comprises 342 members whereas the total strength of the Senate is at present 100.

In the same bill, Mr Rabbani has sought an amendment to Article 160 of the Constitution, proposing that if the government fails to announce the National Finance Commission (NFC) Award within five years, “the government shall take permission from the Senate to extend the previous award for another year”.

It further says that “in case of extension, the Senate may increase the award for the provinces by one per cent”.

The bill, according to the Statement of Objects and Reasons, had been moved by Mr Rabbani in line with three resolutions that had been passed by the house “to enhance its role and powers, to protect the rights of the federating units and ensure meaningful participation of the provinces in the affairs of the federation”.

Right of inheritance for women

A bill moved by Pakistan Muslim League-Nawaz (PML-N) Senator Saadia Abbasi seeks to include the right of inheritance for women as the fundamental right under the Constitution.

Ms Abbasi has suggested insertion of a new Article 24A in the Constitution and the proposed amendment reads “no women shall be deprived of her share from the inheritance in Pakistan”.

The Statement of Objects and Reasons attached to the bill states: “Islam has prescribed well-defined shares for the male and female descendants of a deceased person...... Islamic law (Shariah) entitles women to inherit immovable and movable property, yet the practice has been to deny women their share in inheritance, particularly, in the matter of landed estates where their entire claim is often denied and male heirs tend to enjoy the right of receiving almost all the assets of the deceased.

Another bill moved by Ms Abbasi regarding the preservation and conservation and access for all to the national heritage sites is also in the agenda of the committee’s meeting.

“The state shall identify and declare national heritage sites; take appropriate measures for preservation and conservation of national heritage sites, the survival of which is at potential or imminent risk; preserve the national heritage by means encompassing techniques, treatments, procedures and technologies of any nature, preventive and remedial, aiming at the preservation of the information and signs of culture contained therin; ensure access for all to the national heritage sites; and take all necessary measure against all human and natural dangers to which these are exposed,” reads the proposed new insertion of Article 38A in the Constitution.

The committee is also set to take up a bill of Pakistan Tehreek-i-Insaf (PTI) Senator Seemee Ezdi seeking allocation of seats for the people with disabilities in the Senate.

Published in Dawn, November 3rd, 2021