News
Tuesday, February 21, 2012
20th Amendment Bill sails through Senate* Upper House passes bill by 74 to 2 votes
* Bill entails formation of independent ECP, validates 28 suspended lawmakers elected through by-polls by an incomplete ECP
By Ijaz Kakakhel
ISLAMABAD: The Upper House on Monday passed the 20th Constitutional Amendment Bill by more than a two-thirds majority. It was passed with 74 votes in its favour, while only two votes – by the Jamaat-e-Islami – were cast against it.
The Senate session on Monday began with a delay of two hours owing to differences between the government, its allies and the opposition. As soon as Leader of the House Nayyar Hussain Bukhari presented the 20th Constitutional Amendment Bill, JI senators – Professor Khurshid and Professor Ibrahim – opposed it. Bukhari told the House that the bill had already been passed by the National Assembly and it mainly related to the constitution of an independent Election Commission of Pakistan (ECP), and forming a neutral interim caretaker set-up for holding fair and transparent elections. However, Professor Khurshid said that the bill had been presented to indemnify the violations already committed by the government as well as restoration of the 28 suspended legislators. He claimed that the bill had more demerits than merits. He questioned if a complete ECP did not exist then why did the government hold elections on the 28 seats, and claimed that restoration of these members was a fraud.
After a thorough discussion between the government and JI senators, Senate Deputy Chairman Jan Jamali read out the clauses of the bill, and eventually passed it. The 20th Amendment Bill ensures formation of a caretaker set-up with consensus, as well as strengthens the Election Commission by enhancing the tenure of its members from three to five years. It validates the election of 28 lawmakers through by-elections during the past two years whose membership had been suspended by the Supreme Court as the polls on vacant seats were held in the absence of a complete Election Commission.
The amendment provided for reducing the number of committees at the level of provinces for appointing caretaker chief ministers and their cabinets for fresh elections on completion of the tenure of any sitting government. The bill also provides meaningful consultation between the leader of the House and the opposition for setting up a caretaker government. In case of a disagreement, an eight-member bipartisan parliamentary committee would decide the matter, failing which the Election Commission would take the final decision.
The original bill presented by the government only sought to validate by-elections on 28 seats of both houses of parliament and provincial assemblies, challenged before the SC for having been held without a complete ECP as provided in the 18th Amendment.
However, the new 11-clause bill, which replaced the first two-clause draft, also specifies tenures of the Election Commission members and incorporates a procedure for achieving a consensus between a prime minister – or a chief minister in the case of a province – and the opposition leader for naming an interim prime minister or chief minister and, in the event of a difference between the two, for reference of the issue to a bipartisan parliamentary committee, upon whose failure to reach unanimity, the matter would be sent to the Election Commission for a final decision.
The House also adopted that now respective party leaders would be entitled to nominate their members against the seats reserved for minorities and women even after the list earlier submitted is exhausted.
Professor Khurshid questioned why the government was empowering the Election Commission of Pakistan to settle a dispute over the creation of a caretaker set-up, adding that the Supreme Court and high courts should be empowered to resolve such issues if they arise. However, his recommendation was set aside. Senators from opposition parties and the government’s allies also demanded for the 21st Constitutional Amendment to remove any discrepancies remaining in the bill.
Moreover, the Upper House also unanimously approved the Domestic Violence Bill, 2012, aimed at criminalising abuses that a woman, child or any vulnerable person faces in a domestic relationship. The statement of objects and reasons of the bill stated that the issue of domestic violence had been a source of public concern for several years. Being in the private domain, the gravity of violence in the domestic sphere is compounded. In cognisance of the stress and unbearable suffering of the aggrieved person, it is necessary to criminalise the act, the bill added.
Courtesy www.dailytimes.com.pk