ISLAMABAD, Oct 29: The government is exercising its controversial legislative powers without having any inhibitions, as ordinances after ordinances are being issued daily, even after the passage of Oct 12, 2002, the day when, in the light of the Supreme Court judgment, the military rule was to come to an end.
The SC, in its judgment on May 20, 2000, while validating the military takeover by invoking the doctrine of necessity, had held that the chief executive could use the legislative powers to ensure “ordinary orderly running of the state.”
It had further said that the power to amend the Constitution could be used by the chief executive “only if the Constitution failed to provide a solution for (the) attainment of his declared objectives.”
At the fag-end of its rule which, according to many legal experts, ceased to exist on October 12, 2002, the government is issuing ordinances every day.
The power to legislate given to the CE is being used massively. Some personality-specific laws were also issued before and after the elections, pushing the two opposition leaders, Benazir Bhutto and Nawaz Sharif out of the political arena.
As both the leaders are outside the country, the military government, on Oct 19, introduced a fourth amendment to the Representation of the People Ordinance, 2002, making it mandatory for anybody desirous of contesting the Senate election to come himself/herself for filing the nomination papers.
“Every nomination paper shall be delivered to the returning officer by the candidate in person and the returning officer shall acknowledge receipt of the nomination papers specifying the date and time of the receipt.”
Late on Oct 9, hardly six hours before the polling started, the chief executive amended the Legal Framework Order, 2002, providing that the independent candidates could join any political party within three days after the publication of their names in the official gazette. The move was calculated to help the government-supported party, PML(Q). Of the total 29 independent MNAs-elect, 18 have jointed the PML(Q).
The chief executive, after using the legislative powers vested in him by the SC, used those for the benefit of the judiciary as well, giving a three-year extension to every judge of the SC and high courts.
The amendment was issued late on Oct 9, when copies of most newspaper had gone to press, and the nation was going to polls the next day. It was planned in such a way that it should not be known to everybody.
The military government had issued a long list of proposed constitutional amendments, but there was no proposal for enhancing the retirement age of the SC and high court judges.
The ordinances issued in the month of October, mostly after Oct 12, are: Press Council of Pakistan Ordinance, 2002; The Press, Newspapers, News Agencies and Books Registration Ordinance, 2002; Freedom of Information Ordinance, 2002; Industrial Relations Ordinance, 2002; Companies (Amendment) Ordinance, 2002; Railways Regulatory Authority; Patent (Amendment) Ordinance, 2002; Marketing of Petroleum Products (Federal Control) (Repeal) Ordinance, 2002; Protection of Breast-Feeding and Child Nutrition Ordinance, 2002; Bait-ul-Mal (Amendment) Ordinance, 2002; Monopolies and Restrictive Trade Practices (Control and Prevention) (Amendment), Ordinance, 2002; Pakistan Broadcasting Corporation (Amendment), 2002; National School of Public Policy, 2002; Islamabad Capital Territory Local Government Election (Amendment) Ordinance, 2002; Representation of the People (Fourth Amendment) Ordinance, 2002; The Senate Election (Second Amendment) Ordinance, 2002; Gwadar Port Authority Ordinance; Conduct of General Elections (Sixth Amendment) Order, 2002; Criminal Laws Reforms Ordinance 2002; Election of Members of Senate from the Federally Administered Tribal Areas Order, 2002; Senate Election (Amendment) Ordinance, 2002; National Fund for Cultural Heritage (Amendment) Ordinance, 2002; Defence Housing Authority Lahore Order 2002; Electronic Transactions Ordinance 2002; Employees Old-Age Benefits (Amendment) Ordinance, 2002; General Elections (Fifth Amendment) Order, 2002; Official Secret (Amendment) Ordinance 2002; Foundation University Ordinance, 2002; Cantonment Local Governments (Election) Ordinance, 2002; Unani Ayurvedic and Homeopathic Practitioners (Second Amendment) Ordinance, 2002; Agricultural Development Bank of Pakistan (Reorganisation and Conversion) Ordinance, 2002; Health Services Academy Ordinance, 2002; Cotton Standardization Ordinance 2002; National Institute of Health (Amendment) Ordinance, 2002; Federal Ministers and Ministers of State (Salaries, Allowances and Privileges) (Amendment) Ordinance, 2002; Family Courts (Amendment) Ordinance, 2002; Defamation Ordinance, 2002.