The Cabinet which is scheduled to meet on October 25, 2011, with Prime Minister Syed Yousuf Raza Gilani in the chair, will approve a draft bill regarding oath of office, term, salary, allowance, perks and privilege for the members of the Election Commission.
Article-218 of the Constitution (as amended vide 18th Amendment Act 2010) provides that for the purpose of election to both houses of Majlis-e-Shoora (Parliament), provincial assemblies and for election to such other public office as may be specified by law, the Election Commission shall consist of the Commissioner who shall be the Chairman of the Commission and four members, each of whom has been a judge of a High Court from each province, appointed by the President in the manner provided for appointment of the Commissioner in clauses (2A0 and (2B) and Article -213.
As no provision has been made in the Constitution or any law regarding oath of office, resignation, tenure of office, terms and conditions of the services of member of Election Commission, Ministry of Law, Justice and Parliamentary Affairs has drafted Bill in consultation with Election Commission of Pakistan titled the members, Election Commission (oath of office, term, salary, vetted by the drafting and legislative wing of Ministry of Law and Justice).
The Ministry of Law and Justice has prepared a Bill for this purpose which requires proper legislation in the Parliament. No additional funds are required from Finance Division. In accordance with rule 16(1)(a) read with rule-27 of the Rules of Business 1973, the matter has been submitted to the cabinet for approval.
The cabinet will also consider a summary of the Ministry of Law, the family pension of all civil servants including those retired from defence estimates was increased from 50 per cent to 50 per cent to 75 per cent from July 1, 2010. However, this increase was not extended to the widows of judges of Supreme Court and High Courts as it requires amendment in the Fifth Schedule of the Constitution through Act of Parliament.
The Ministry of Law has been receiving reference from the Supreme Court and applications from widows of judges to increase their pension from 50 per cent to 75 per cent as done in the case of widows of civil servants including those who retired from defence services. Accordingly, a bill, namely, the Constitution (20th Amendment), Bill 2011 has been prepared to further amend the Fifth Schedule of the Constitution.