Constitutional Reforms package tabled in parliament

ISLAMABAD: Friday turned out to be a red letter day in the parliamentary history of Pakistan when Mian Raza Rabbani presented report of the Parliamentary Committee on Constitutional Reforms in the National Assembly, which seeks to revive the Constitution in its democratic shape by repealing all amendments and distortions introduced by military rulers, including the Legal Framework Order 2002.
It also seeks to transform the Prime Minister’s House into the epicentre of power, devolution of power from the Centre to the federating units and safety valve for the protection of democracy by recommending that suspension and holding of the Constitution in abeyance should be declared an act of high treason under Article 6 of the Constitution.
In all, the parliamentary committee’s report contains 100 recommendations to restore the 1973 Constitution in its original form. As Mian Raza Rabbani concluded his presentation, Prime Minister Yousuf Raza Gilani and members from both sides of the isle hugged him.
Soon after presenting the report in the National Assembly, Rabbani moved to the Senate to present the report in the Upper House of parliament after which the sessions of both the houses were prorogued.
Opposition Leader Chaudhry Nisar Ali Khan and Law Minister Dr Babar Awan were conspicuous by their absence on this historic occasion. Highlighting the main features of the report, Raza Rabbani said the committee has recommended that parliament should declare the 17th Amendment to the Constitution and the Legal Framework Order (LFO) given by a dictator as without any legal authority and should be repealed.
It has also been recommended that the NWFP should be renamed as ‘Khyber Pakhtoonkhwa’. It has also been recommended that Article 58-2(b) of the Constitution should also be repealed.
The committee has recommended that for good governance the size of the cabinet should be restricted to 11 per cent of the members of parliament and this should also hold good for the provinces.
It has also been recommended that four seats, one from each province, should be allocated in the Senate for the minorities to increase their strength. It has been recommended that education to each child up to the age of 16 years be made compulsory.
It has been proposed that the formation of the council of common interests should be revised with prime minister as its chairman. The council should meet at least once in 90 days besides abolition of the Concurrent List.
It is proposed in Article 46 of the Constitution that the prime minister shall keep the president informed on all matters of internal and foreign policy and on all legislative proposals the federal government intends to bring before the Majlis-e-Shoora (parliament).
The committee proposed that the president could use the power of dissolution of the National Assembly when a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly, in accordance with the provisions of the Constitution, as ascertained in a session of the National Assembly for the purpose.
The committee proposed insertion of Article 10(A) which says: For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.
In Article 27, it is proposed that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an act of Majlis-e-Shoora (parliament).
A bar was imposed on the attorney general for doing private practice. The recommendations also include that inexpensive and expeditious justice should be ensured to the people as also the right of access to information without any hurdle.
Election Commission: According to the proposed amendment in Article 203C of the Constitution, the prime minister shall, in consultation with the leader of the opposition in the National Assembly, forward three names for appointment of the chief election commissioner to a parliamentary committee for hearing and confirmation of any one person.
The parliamentary committee, to be constituted by the speaker, shall comprise 50 per cent from the opposition parties, based on their strength in Majlis-e-Shoora (parliament) to be nominated by the respective parliamentary leaders.
The proposed amendment further states provided in case there is no consensus between the prime minister and the leader of the opposition, each shall forward separate lists to the parliamentary committee for consideration, which may confirm one name.
The total strength of the parliamentary committee shall not exceed 12 members out of which one-third shall be from the Senate. Provided that when the National Assembly is dissolved and a vacancy occurs in the office of the chief election commissioner, the parliamentary committee shall comprise the members of the Senate only.
Terms of prime minister: It has been proposed that there shall be no restriction on the number of terms for the offices of the prime minister and chief ministers. Appointment of services chiefs: According to an amendment proposed in Article 243 of the Constitution, the prime minister would advise the president on appointment of the chairman of the chiefs of staff committee and chiefs of three armed forces.
The Senate: According to an amendment proposed in Article 59 of the Constitution, the Senate shall consist of 104 instead of 100 with the addition of one minority member from each province. As per amendment proposed in Article 61, the working days of the Senate have been increased from 90 to 110.
Disqualification for membership of Majlis-e-Shoora: According to the amendment proposed in Article 63 of the Constitution, the restriction on a person who has been dismissed from the service of Pakistan, service of a corporation or office set up or controlled by the federal government or the provincial government on ground of misconduct has been lifted. According to this amendment, a person could be elected as MP, three or five years after dismissal from the service.
According to the amendment, a person shall be disqualified from being elected or chosen as, and from being, a member of parliament if he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the federal government, the provincial government or a local government on ground of misconduct, unless a period of five years since his removal or dismissal; or unless a period of three years has elapsed since his removal or compulsory retirement.
The restriction on a person being elected as member of parliament, who has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or integrity or independence of the judiciary of Pakistan, or which defames or bring into ridicule the judiciary or the armed forces of Pakistan, unless a period of five years has elapsed since his release. (Interior Minister Rehman Malik would benefit from amendment in Article 63 as he was dismissed from government service in 1998-1999).
The proposed amendment would also benefit PML-N leaders who were disqualified as being members of parliament for being involved in attack on the Supreme Court building. They include Mian Munir, Chaudhry Tanvir, Sardar Naseem, Tariq Aziz, Chaudhry Akhtar Rasool and others.
Public service commission: Chairman of the Federal Public Service Commission would be appointed by the president on the advice of the prime minister. Similarly, chairmen of the provincial public service commissions would be appointed by the governors on the advice of chief ministers.
Proclamation of emergency: Under proposed amendment in Article 232 of the Constitution, the proclamation of emergency in the province due to internal disturbances would require a resolution from the provincial assembly.
Provided further that if the president acts on his own the proclamation of emergency shall be placed before both houses of parliament for approval by each house within 10 days.
Caretaker prime minister: On dissolution of the assembly or completion of its term, or in case it is dissolved under Article 58 or Article 112, a caretaker shall be selected by the president in consultation with the prime minister and the leader of the opposition in the outgoing National Assembly. Similarly, a caretaker chief minister will be appointed in consultation with the chief minister and the leader of the opposition in the outgoing provincial assembly.
Declaration and continuance of laws: According to substitution in Article 270AA, the proclamation of emergency of the fourteenth day of October, 1999, the Provisional Constitution Order (PCO) No 1, the Oath of Office (Judges) Order, 2000, Chief Executive Order No 12 of 2002, Chief Executive Order No 19 of 2002, the amendments made in the Constitution through LFO, 2002, (Chief Executive Order No 24), the LFO (Amendment) Order, 2002, Chief Executive’s Order No 29 of 2002) and the LFO (Second Amendment) Order, 2002 (Chief Executive Order No 32 of 2002), notwithstanding any judgment of any court, including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect.
Judges of the Supreme Court, High Courts and Federal Shariat Court who were continuing to hold the office of a judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order 2000, shall be deemed to continue to hold the office as judge or appointed as such as the case may be, under the Constitution and such continuance or appointment, shall have effect accordingly.
Appointment of judges: With insertion of Article 175A in the Constitution, for the appointment of judges to the Supreme Court, there shall be a judicial commission. For appointment of judges of the Supreme Court, the commission, headed by the chief justice of Pakistan, shall also consist of two most senior judges of the apex court, a former chief justice or a former judge of the Supreme Court to be appointed by the chief justice in consultation with two member judges for a period of two years, federal minister for law and justice, Attorney General for Pakistan, and a senior advocate of the Supreme Court of Pakistan to be nominated by the Pakistan Bar Council for a period of two years.
The judicial commission for the appointment of High Court judge, headed by the chief justice of the High Court, would also include two most senior judges of the High Court, provincial law minister, a senior advocate to be nominated by the provincial bar council.
For appointment of judges of the Federal Shariat Court, the judicial commission shall also include the chief justice of the Shariat Court and the most senior judge of that court as its members.
Dissolution of the National Assembly: The committee proposed that Article 58-2(b) should be repealed and substituted with “Dissolution of the National Assembly”.
The substitution clause says that the president shall dissolve the National Assembly if so advised by the prime minister, and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the prime minister has so advised.
Notwithstanding anything contained in Clause 2 of Article 48, the president may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the prime minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provision of the Constitution, as ascertained in a session of the National Assembly summoned for the purpose.
Passing of the bills: Recommended substitution in Article 70 with “introduction of passing of bills”, adding that a bill with respect to any matter in the Federal Legislative List may originate in either house and shall, if it is passed by the house in which it originated, be transmitted to the other house and if the bill is passed without amendment by the other house also, it shall be presented to the president for assent.
Bills presented in the house but not passed within 90 days of laying in the House shall be considered in a joint sitting of parliament.
Islamabad High Court: The constitutional reform package also proposes establishment of an Islamabad High Court. The committee has proposed that the judges of the Islamabad High Court should be taken from the federal capital and four provinces.

(The News, Apr 3, 2010)