President will not name PM: minister

Published October 23, 2002

ISLAMABAD, Oct 22: President will not nominate any parliamentary party to form the government unless asked by the parliament, Law Minister Khalid Ranjha said here on Tuesday.

“The constitutional clause that empowers president to nominate prime minister stands suspended,” he said in a panel interview with APP forum.

The minister observed that as a citizen he would suggest that the parliament should decide about the future prime minister.

Asked if president would invite political parties for consultation, he observed that “any visible effort on the part of the government would send a wrong signal.”

Responding to the impression of delay in convening of the parliament session, the minister said the first session of the new parliament would be convened after completion of the electoral process that includes election on the reserved seats for women and minorities.

He further said that there was no delay on the part of the government and going by the traditions, the first meeting of the parliament should not go beyond one week of the election on reserved seats.

He questioned if the politicians have given indication that they were ready?

The Election Commission has notified the names of returning candidates in the Oct 10 polls and the independent candidates would have three days to join any party. Answering a question, the minister said the Restoration of the Constitution Order (RCO) would be issued before the first session.

He also dispelled the impression that the first session was being delayed till election of the senate. “Senate is not relevant to the convening of assembly meeting,” he said and added that it had no role in the election of chief executive i.e., the prime minister.

About the allegations of rigging by some quarters, he said these were not true and added that instead of accepting defeat, the losing parties and candidates always filed election petitions and this time also there were as many election petitions filed as there were seats in the assemblies.

Replying to a question about bar on contesting senate elections by those who had lost in general elections, the minister said that there was an ordinance issued by Zia-ul-Haq when he held elections on non-party basis but now people were voluntarily not contesting senate elections after losing the provincial or National Assembly elections.

Replying to a question as to who will preside over the first session of the parliament, Ranjha said the Election Commission should decide that who would preside the first session.

Government would discuss this proposal with the Election Commission as it was the custodian of the electoral process in the parliament, he added.

Replying to a question about the Legal Framework Order the law minister said that it was now part of the Constitution. He added that when the parliament would come into session, it could amend it if it desired so.

“Parliament is a sovereign body and has every authority to make changes in the Constitution,” he observed.

About independent candidates, he said, it was not binding on them to join any party. They can remain independent if they so wanted. They have been asked to join political parties for the purpose of counting for proportional representation only, he clarified.

Dr Ranjha said newly-elected members would take oath under the 1973 Constitution. “This oath is part of the Constitution,” he added.

Answering to a question, he said, the SC gave the authority to the government to make changes in the Constitution within certain parameters.

To another question, the minister said parliamentary form of government was intact in the country as the prime minister would be the chief executive of the government. The president would act on the advice of the prime minister, he added.

Replying a question, the minister said NSC would neither be intrusive nor supra-constitutional body but would be a forum to resolve problems between holders of constitutional offices. Its meeting could be called on the request of any of the members, he added.

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