A Senate panel on Monday disapproved a proposed amendment to the Constitution, which seeks involvement of the Supreme Court in appointment of the Chief Election Commissioner (CEC) and members of the Election Commission of Pakistan (ECP) in case leader of the house [the prime minister] and leader of the opposition in the National Assembly as well as the parliamentary committee fail to finalise a name for the office.

The Senate's Standing Committee on Law and Justice, which was chaired by Senator Javed Abbasi, held deliberations on five Constitution (Amendment) Bills calling for amendments to Articles (51 and 106), (213 and 215), (253A), (45) of the Constitution.

While discussing the Constitution (Amendment) Bill, 2018, proposed amendment in Article 213 and 215, moved by Senator Lieutenant General Abdul Qayyum (retd) calling for referring the matter of appointment of the CEC to the Supreme Court in case the parliamentary committee is unable to finalise any name as per the Article 213.

However, the committee after a thorough discussion did not approve the amendment, which suggests bringing another body into decisions that have to be done by the Parliament, and decided that a mechanism should come from within the parliament to resolve the matter.

The amendment in Article 215 was agreed to, in principle, in which the committee recommended that the process of the appointment of the CEC should be initiated prior to his/her retirement. As per the Article 215 (4), "the vacancy in the office of the commissioner or a member shall be filled within 45 days".

Lieutenant General Qayyum (retd) was of the opinion that the process should be initiated well before the retirement of the CEC or any member of the Election Commission of Pakistan (ECP). He referred to the current scenario where the appointment of the CEC and two members of the ECP took almost a year.

The committee, however, decided to hold further deliberations on the bill in the next meeting.

The Constitution (Amendment) Bill, 2018 (Amendment of Article 213) moved by Senator Sirajul Haq was clubbed with this bill.

While discussing the Constitution (Amendment) Bill, 2019, the amendment to Article 51 and 106, the committee heard the movers of the bill as well as the members of the panel.

The committee members were of the considered opinion that amendment in Article 51 relates to changes in the composition of the National Assembly that would involve changes with other provincial representation as well and is also conditional with publication of census results.

The Amendment to Article 106 calling for increasing seats of Balochistan Assembly from 65 to 80 was approved by the committee.

However, the committee members stressed upon the need for having a working as to how the seats have to be reallocated.

The committee recommended that the increase in the number of seats should be done according to the Election Commission of Pakistan formula as is currently in place.

The Constitution (Amendment) Bill, 2018, which proposes amendment to Article 45, moved by Senator Sirajul Haq, calling for a provision that the president would not exercise this power in cases of punishments awarded under the Hudood or Qisas, the committee heard the mover, members, chairman Council of Islamic Ideology, professors from Shariah and Law faculty International Islamic University.

The government opposed the bill observing that the president's power is not just for pardon but also of respite and reviewing other sensitivities.

Five members voted in favour of the bill and two opposed the bill and the bill was approved.

On The Constitution (Amendment) Bill, 2018, which proposes amendment to Article 253A, moved by Senator Mushtaq Ahmed, calling for a provision that a person who is not a citizen of Pakistan shall not be entitled to own or purchase immovable property in Pakistan.

Majority of the members of the committee were of the view that there should be no bar on foreign citizens purchasing land in the country after fulfilling all the formalities.

It was also pointed out that the matter is of a nature on which a bill can be introduced if needed and does not need to be a Constitutional Amendment.

The committee, for the satisfaction of the mover, decided to take record of any land purchases made by foreigners in last five years and the procedures to be followed.

The meeting was attended among others by senators Mustafa Nawaz Khokhar, Kalsoom Parveen, Usman Kakar, Ayesha Raza Farooq, Abida Mohammad Azeem, Ghous Mohammad Niazi, Anwar Lal Deen, Sajjad Hussain Turi, Sirajul Haq, Abdul Ghafoor Haideri, Barrister Mohammad Ali Saif, Naseebullah Bazai, Zeeshan Khanzada, Sana Jamali, secretary Law, chairman CII and officials from relevant departments.

Copyright Business Recorder, 2020

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