Leader of the House in the Senate and Deputy Prime Minister, Senator Ishaq Dar on Saturday apprised the Upper House of the Parliament that the Constitutional Bill was in line with the provisions of the Charter of Democracy (COD) endorsed by all the political parties including the Pakistan Tehreek-e-Insaf (PTI).
The Leader of the House was addressing to the 10th meeting of the 342nd Senate session held under Chairman Senate Syed Yousaf Raza Gillani.
Senator Ishaq Dar underlined that there was a disconnect between the Leader of the Opposition’s party leadership in the Senate and the National Assembly. “It was the third in camera meeting of the Special Parliamentary Committee in the Parliament which was participated by Chairman PTI, Barrister Gohar Ali and Opposition Leader in the National Assembly, Omar Ayub Khan who was absent in the previous two meetings. There have been discussion on different agenda items,” he said.
He added that the Opposition Leader should seek details from his colleagues on the special committee meetings.
Senator Dar informed the House that the issue emerged after Chairman Pakistan Peoples Party Parliamentarians (PPPP), Bilawal Bhutto Zardari made a statement for joint efforts to restore the prestige of the Parliament and proposed a committee of all political parties on the arrest of some members of the lower house of the Parliament.
“I on behalf of the government instantly endorsed the suggestion and after the House resolution, a committee was formed and all political parties in the National Assembly have their representation. I would request that committee to give representation to the Senate as it’s a special body on general issues and the resolution TORs entitled matters pertaining to the parliament, parliamentarians, constitutions and rules and business of procedures,” the Leader of the House said.
The issues pertaining to the Constitutional Bill have been discussed in the Special Committee, the Opposition Leader should get details from his colleagues, he said, adding, “Under the Charter of Democracy, the article four demanded a constitutional court in the country to hear constitutional petitions and dispose of them. The elite class in the country gets swift petition hearings whereas 60,000 cases are pending in the Supreme Court including 25% constitutional petitions and 50% constitutional petitions in the High Courts.”
The charter was not done by two political parties whereas after few weeks all political parties were convened, and they endorsed the document including the then PTI Chairman, and founder, he added.
“The Constitutional Court is not new but rather it was appreciated widely world over. The PTI founder and prime signatories have signed the document so there is nothing hidden. I am not privy to the Bill and it’s the prerogative of the Law Minister,” he added.
The Leader of the House said it was not something strange but rather a routine legislative procedure practice done in any government. “We all should unite to resolve the delay in dispensation of justice in constitutional petitions. The Opposition should support the government and I assure the opposition that there would be no surprise in the legislation as we have to resolve public issues and this country has potential to reemerge as a succeeding nation,” he said.
He emphasised that the Opposition and Treasury benches should cooperate on the public and national interest matters as there would be nothing repugnant to it in the Bill.
Earrlier, Chairman Senate, Syed Yousaf Raza Gillani clarified that there was a court case against him in Karachi, where the court sought three queries from him pertaining to the numbers required for constitutional amendment, whether it was for the CJP, and the details of the Bill.
“I assured that if there was no majority then no bill would be tabled in the Parliament. Senator Farooq H Naik was with me. They asked that was it for CJP I told them that Bilawal Bhutto Zardari in his statement clarified that it was not person specific but in the interest of the nation and the country. However, I still do not know about the Bill. The law minister would provide his explanation after tabling the bill in the National Assembly,” the Chairman Senate said.
He informed the House that the 1973 Constitution was passed by 128 votes of the House and the rest were in the east Pakistan. “After the restoration of the Constitution in its original form, it was bicameral system and not a unicameral system which was passed unanimously by 446 members of the Parliament. We ended 58 2(B) to establish supremacy of the Parliament then the then President SC Bar Aasma Jahangir told me that do not be glad on it as it would be exercised by the judiciary and I was disqualified graciously and then Mian Nawaz Sharif faced it,” he said.
He added that there were limitations in certain provisions of the law mistakes and all would have to rectify it whereas the government should respond on it.
Leader of the Opposition in the Senate, Senator Shibli Faraz replying to the Leader of the House said, “Put your money where the mouth is..as the famous proverb goes.”
He read the article 63A of the Constitution in response to Senator Ishaq Dar’s request of for the support of the legislation stating, “63A.Disqualification on grounds of defection, etc.
(1)If a member of a Parliamentary Party composed of a single political party in a House-(a)resigns from membership of his political party or joins another Parliamentary Party; or (b)votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to-(i)election of the Prime Minister or the Chief Minister; or (ii)a vote of confidence or a vote of no-confidence; or (iii)a Money Bill or a Constitution (Amendment) Bill;” “So it says very clearly and I rest my case,” he added.
Senator Ishaq Dar said this constitutional amendment did not imply earlier on the matter which was added after the 18th amendment as it was limited to three items, election of PM and CM, Vote of No Confidence and Money Bill. But we debated during the 18th Amendment Parliamentary Committee to add the fourth item as constitutional amendment was important to limit trampling of the party line as the party may move reference for disqualification of the said members.
Law Minister Senator Azam Nazeer Tarar said whosoever would violate the decision of the parliamentary party by casting vote against its decision would be liable to get disqualified. “The Supreme Court in its decision said that they interpret the article as it will be liable to get disqualified there and his vote will not be counted which is strange as the penalty should be imposed if the act is considered otherwise it is null and void. However, the review for the judgment is pending for past two years,” he said.
The language of the article by the framers is clear but the interpretation has mutilated the shape of the article, he said.
Senator Farooq H Naik said the disqualification is applicable to the member on casting vote against the parliamentary party line. “The supreme court has rewritten the Constitution in its wisdom in the Punjab government case and the review against it is pending and its violation of Article 63 of the Constitution as the Supreme Court cannot rewrite the Constitution and the Law but interpret the law.
The Court has taken over the power of the Parliament and violation of the theory of separation of powers laid in the Constitution,” he said.