Senate passes landmark 20th Constitutional Amendment

Wednesday, 22 February 2012 17:45

ISLAMABAD: The Senate on Monday passed landmark 20th Constitutional Amendment Bill with majority, providing an independent Election Commission and a neutral interim government set-up to oversee polls.

The amendment also validated the election of 28 law-makers through bye-polls during the past two years whose membership was suspended by the Supreme Court because the elections were held without completing the Election Commission in accordance with the 18th Amendment approved in April 2010.

A total of 74 members of the House voted in favour of various clauses of the bill, while Prof Khursheed Ahmad and Prof Muhmmad Ibrahim of Jamaat-i-Islami (JI) opposed it. The amendments proposed by JI members were rejected.

The amendment provided for reducing the number of committees at provinces for appointing caretaker chief ministers and their cabinets for the fresh elections on completion of the tenure of any sitting government.

The 20th Amendment also provided for constituting an eight-member committee each at the Centre and the provinces to nominate the Prime Minister and the chief ministers respectively along with their cabinets.

But, due to less number of members of opposition in Balochistan Assembly (who are three), the total strength of the committees at provincial level was reduced providing that "if the members of the opposition are less than four (instead of already mentioned five members) in any assembly, then all of them shall be members of the committee."

Furthermore, it provided that even if the respective committee or any of them failed to evolve consensus on a caretaker set-up within three days, the matter would be referred to the ECP (Election Commission of Pakistan) for appointing the same.

In the 20th Amendment, Article 214 has been amended providing that the Chief Justice of Pakistan will administer oath to the new Chief Election Commissioner (CEC) and the Chief Election Commissioner will administer the oath to newly appointed members of the Election Commission.

In amended Article 215, the amendment provides for adopting the same procedure for extension in the tenure of members of ECP as specified for the Chief Election Commissioner. This amendment also provides that to remove a member of ECP, the procedure laid down in Article 209 regarding removal of the Chief Election Commissioner or a judge from the service, will be applicable.

Similarly another amendment in the same clause provides that to resign from his office, a member of the ECP shall have to send his resignation to the President. Earlier, this provision applied to the CEC only.

Under the amendment in Article 216 of the Constitution, the proviso of not holding an office of profit will now also apply to the members of ECP like the CEC.

The amendment made in Article 218 is one of the most important amendments in the bill validating the election of 28 members of the Senate, the National Assembly and the provincial assemblies, who were facing the threat of disqualification even after getting elected in by-elections.

The Supreme Court had asked the ECP to prove the validation of their elections that were held at a time when the Commission was not complete and the CEC could not hold these elections as his powers were delegated to the Commission under the 18th Amendment.

Therefore, the House adopted the amendment providing that "till such time as the members of the Commission are first appointed in accordance with the provisions of paragraph (b) of the clause (2) of Article 218 pursuant to the Constitution (18th Amendment) Act, 2010, and enter upon their office, the Commissioner shall remain charged with duties enumerated in paragraphs (a), (b), and (c)."

Moreover, through the 20th Constitutional Amendment the powers of the President and the Governors to appoint respective caretaker set-ups at federal as well as provincial levels respectively, have been delegated to the Prime Minister and the Leader of the Opposition in National Assembly to nominate caretaker Prime Minister and the cabinet at federal level and subsequently to the Leaders of the Houses and the Leaders of the Opposition at provincial assemblies.

In addition, Speakers at National Assembly and the Provincial Assemblies will constitute committees at federal as well as provincial assemblies to nominate a caretaker government, if the Leaders of the Houses and Leaders of the Opposition at federation and provinces, would have failed to reach a consensus to nominate a caretaker Prime Minister or the Chief Ministers along with their Cabinets.

The amendment also provided that the members for the committee at federal level will be appointed by the Speaker from amongst the members of National Assembly or Senate or from both the Houses.

The House also adopted that now the respective party leaders will be entitled to nominate their members against the seats reserved for minorities and women even after the earlier submitted list is exhausted.

Previously, these party leaders were not entitled to nominate more members once their earlier submitted lists of members were exhausted.

Earlier, Leader of the House Syed Nayyar Hussain Bokhari said that the bill would further strengthen democracy besides ensuring independent Election Commission of Pakistan (ECP) and caretaker governments.

He said that the National Assembly had already adopted the bill unanimously. Opposing the bill, Prof Khursheed Ahmad said that it was a very important constitutional amendment and should not be passed in haste.

"We should bury law of necessity for ever", he added. He said that it was not a responsibility of the ECP to appoint caretaker government. The ECP is meant to conduct free, fair and transparent elections, he added.

Prof Muhammad Ibrahim said that the ECP should hold re-election on 28 seats which were conducted without completion of the ECP under 18th Amendment. Maulana Abdul Ghafoor Haideri said that they would support the bill despite some reservations.

Safdar Abbasi said that the Prime Minister and Leader of the Opposition themselves should settle the issue of appointing caretaker setup or restrict it to the parliamentary committee. Salim Saifullah termed the 20th Amendment a positive step and assured his support.

He said that the House should also bring a resolution to condemn the US Senate Committee resolution on Balochistan. Abdur Rahim Mandokhel also appreciated the government and its allied parties for 18th and 19th amendments and other legislations.

He said that the 20th Amendment would ensure free, fair and transparent elections and impartial caretaker governments. It would be a historical step towards strengthening democratic system in the country, he added.

Raza Rabbani said that the constitution was not a document which created hurdles. The powers of Parliament have not been abdicated, he added. He said an independent and autonomous ECP would only consider those four names forwarded by the leaders of the House and Opposition in case there was no consensus on the caretaker set-up.