They call it horse trading, rather, donkey trading after seeing the caliber of many in there, remarked an analyst recently in an informal discussion on Senate and its honourable tenants. Seemingly an exaggerated but not totally untrue remark. Senate is the highest of houses housing a select few to debate and decide the future of the country; Senate is the house for housing a variety of people including non-politicians and technocrats; and Senate is the house with the power to overrule lower houses; Senate represents the cream of the policymakers. But the cream becomes sour due to the high street sale of seats by various political parties. A Senate seat is a matter of high stakes with prices so exorbitant that business buyovers, mergers and takeovers seem pocket money comparatively. It is like the auction at Sotheby's and Christie's where the base prices themselves make it difficult for people to dare to bid for the items.
The foundation of Senate was laid in the 1973 Constitution. After the secession of East Pakistan, it was realized that the National and Provincial Assemblies give equal representation to the people but not to the territories or units creating the possibility for a single province to make a majority in the two houses which could lead to alienation in the provinces/diverse sectors of the society. The Senate is the second chamber of the Parliament. It is independent from, and complements the work of, the National Assembly. The Senate shares the task of making and shaping laws and checking and challenging the work of the government.
The Senate has 4 major roles: legislation, accountability of the executive, representation of federating units and policy making. Senate is known as the Upper House that has the power to oversee, debate, stop any bill or policy except for the money bill. However, in Pakistan this role of Senate has become secondary in nature as it has become a retreat house to please loyalists and elitists. The fact that it has reserved seats for technocrats and minorities should provide the diversity it needs to make holistic policies, however these seats are used for rich businessmen and relatives and friends of high-ups who could not be accommodated in the National Assembly.
In recent times, the Senate has become an auction for anybody to qualify as long as you have the cash or connection power. The Election rules specify a senator "that he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law;" can only be given a visa to Senate entry. However we have seen all sorts of nominations coming forward for this house that by no stretch of imagination fit this qualification. A case in point is the nomination of ex-Finance Minister but present Federal Minister Ishaq Dar. Ishaq Dar is undergoing a corruption case on asset beyond means filed by National Accountability Bureau. He declared himself sick and flew out of the country despite a NAB reference and induction. He has been declared an absconder and NAB has asked Ministry of Interior to place his name on ECL. The government has not only not placed his name on ECL but also retained him as a Federal Minister despite having an alternative Finance minister and advisor.
The name Senate originates in the ancient Roman Senate meaning "the elder" or wiser and more knowledgeable, experienced members of the society - therefore a body that can check the working of the 2 Houses, and without whose approval no legislation can be passed by the legislative assemblies. This description of the Senate being the house of the "Wise" has become a mockery when we see how members are elected by political parties to enter this house. The big ticket entries are of course based on the number of millions you can offer. Every Senate election has a starting and ending auction price. In last elections some MPAs were purportedly offered amounts as high as Rs 26 crores collectively per seat. The other "Wise" criteria is to be a family member or a loyalist who has served the cabinet members in need of the hour. That can vary from being their jail buddy or to be the money launderer vehicle for power brokers.
Due to preponderance of wise men in Senate it has become a 7-star political club that is remembered more for the joint sessions held to pass dubious bills rather than serious legislation. The attendance of these Senators especially ministers is abysmal and the proper use of Standing Committees to act as an accountability forum on the executive and institutions is at best reactive and operational. However, the ray of hope is the intense media attention that both houses have received in this term. Social Media with all its flaws of fake news has brought about profiles, backgrounds and performance in public and has made some political restraint happen to the blatant sale purchase of seats. Also some performances in the Senate stand out. The Chairman of Senate Raza Rabbani played an exceptional role in maintaining discipline and rule implementation and made accountability of members more stringent.
Thus a few good and genuine "Wise Men" can transform house of representatives. The Senate needs to reassert its credentials of being an "Upper House". But that shall only happen if men and women of character and competence whom people look up to are residents of this august house.
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