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ISLAMABAD: In a bizarre move, the caretaker information minister attempted to move a bill in the Senate but was schooled by the elected members that this was a transgression of his constitutional domain.
Murtaza Solangi sought to move the Motion Picture (Amendment) Bill in the house on Tuesday but was stopped by Senate Chairman Sadiq Sanjrani and other members.
PPP’s Senator Mian Raza Rabbani, on a point of order, stressed that caretaker governments do not have the power to make laws.
“This was the first time in the parliamentary history a caretaker government has brought a bill in the Senate.”
Only a government “commanding majority in either House of the parliament can move a bill,” Mr Rabbani reminded the caretaker minister.
Rabbani says action violates Constitution; raises concerns over CCLC ambit
“In the parliamentary form of government, only members can move a bill in a House,” the senator said, adding Mr Solangi was not a member of either house — the Senate or National Assembly.
He referred to Section 230 of the Elections Act, under which the caretakers only tend to day-to-day matters necessary to run the government.
He questioned the necessity of the bill to run the affairs of the government.
The law also restricts the caretaker government to activities that are “routine, non-controversial and urgent” and can be reversed by the incoming government.
“Legislation when one house is non-existent is not a routine business. What is the urgency in this matter?”
In his defence, the caretaker information minister said he has stood by the Constitution, law and democracy throughout his life. He said he would respect any decision taken by the house.
The chairman, Mr Sanjrani, said the matter should be delayed till the new government takes power “if there is no urgency”.
Minutes later, he changed his position and deferred the matter till Friday so that he could examine the bill and seek opinions from legal experts, including the attorney general.
Mr Rabbani also questioned “controversial appointments” made by the caretaker government.
“They are appointing people left, right and centre and bringing people from armed forces to civil institutions.”
Concern over CCLC
In a related development, the senators also expressed concern over the mandate of the reconstituted Cabinet Committee for Disposal of Legislative Cases (CCLC).
In August, caretaker Prime Minister Anwaarul Haq Kakar reconstituted three cabinet committees, including the CCLC.
According to a notification, a copy of which is available with Dawn, the committee, headed by the law minister, comprises ministers for climate change and water resources, information, planning, religious affairs and IT.
Earlier, in the PDM government, the committee was led by the law minister with ministers for interior, water resources, board of investment, parliamentary affairs and economic affairs as members.
Raising the matter in the house,
Mr Rabbani said as per the TORs, the committee had been empowered to examine whether fresh legislation or amendments in existing laws were in line with the Constitution. It will also evaluate laws and amendments and give recommendations as to whether they are in line with the government’s policy and legislative scheme.
Senator Rabbani contended that the caretaker PM’s action to rejig the committee was “unconstitutional”, as were the committee’s ToRs.
Under the ToRs, the committee will not only examine laws passed by the parliament but also “assume the Supreme Court’s role”.
The committee considered itself “above the parliament and the Supreme Court,” the PPP leader said, adding that even committees comprising elected representatives don’t have such ToRs.
Mr Solangi, who is also the caretaker minister for parliamentary affairs, rejected the senator’s concerns.
He claimed the Constitution does not bar the caretaker government from laying ordinances.
Under Article 89 of the Constitution, emergency legislation is also permissible, Mr Solangi said, adding that CCLC’s primary purpose was “to lend support to the cabinet secretariat”.
Published in Dawn, November 8th, 2023
