Ishaq Dar seeks approval of election funds by tabling bill in parliament

The cabinet is also meeting today to discuss whether to release funds for Punjab elections

LAHORE (Web Desk) – Finance Minister Ishaq Dar on Monday presented the Election Expenses Bill in the National Assembly to seek its approval. 

A meeting of the National Assembly was held under the chairmanship of Speaker Raja Pervez Ashraf, in which the agenda of the normal proceedings in the assembly session was suspended.

On this occasion, the bill for the formation of the National University of Pakistan also was presented in the National Assembly, which was approved by the House.

The Money Bill (Charged Sum for General Elections to provincial assemblies of Punjab and KP) 2023, presented in the parliament stated that the required funds for the elections in Punjab and Khyber Pakhtunkhwa shall be “an expenditure charged upon the Federal Consolidated Fund”, which it said comprises all revenues received by the federal government, all loans raised by that government and all money received by it in repayment of any loan.

The bill further stated that it shall “override other laws” and have effect “notwithstanding anything contained in any other law, rules and regulations” when it was in force.

It added that the proposed law would stand repealed once the elections to both the assemblies were held, noting that the general elections and polls to the Sindh and Balochistan assemblies need not be held for it to be repealed.

Finance Minister Ishaq Dar presented the election expenses bill while expressing his opinion in the House that a conspiracy was hatched against the newly-elected democratic government. He said the economic policies of the government were harmed a great deal. 

— National Assembly of (@NAofPakistan) April 10, 2023

The finance minister said when the "selected government" was removed, "we got a ruined economy". He said the PTI was trying hard to make the country bankrupt. Suspicions were spread on my foreign visit and the PTI leadership is trying to spread chaos in the country. "These people do not let any opportunity pass to spread anti-nationalism." 

Mr Dar further said the economy was on the brink of collapse. "Our predecessors destroyed the economy and our first challenge was to save the country from default whereas the next step is to put the country on the path of development so that we have economic stability. We have moved towards development and are trying to put Pakistan on the path of development again." 

Earlier, the Shehbaz-led cabinet decided to table the elections fund issue and the Supreme Court bill in the joint session of parliament.  

National Assembly Speaker Raja Pervaiz Ashraf convened a joint sitting of parliament as President Arif Alvi returned the Supreme Court (Practice and Procedure) Bill, 2023, unsigned. 

According to a circular issued by the NA secretariat, “In exercise of the powers conferred by proviso to rule 4 of the Parliament (Joint Sittings) Rules, 1973, the honourable Speaker has been pleased to call a joint sitting on Monday, the 10th April, 2023 at 4pm instead of 2pm.”

Update ⬇️ Session of the National Assembly will now be held on Monday, the 10th April, 2023 at 11:00 a.m. instead of 10:00 a.m.@PTVNewsOfficial @appcsocialmedia @demp_gov @GovtofPakistan @MoIB_Official https://t.co/14OPYyO4kV

— National Assembly of (@NAofPakistan) April 9, 2023 

Meanwhile, the cabinet will meet again today to discuss whether the government will release funds for elections in Punjab.  

On Sunday, an important and urgent meeting of the cabinet that was held under the chair of Prime Minister Shehbaz Sharif decided to send the matter of funds for elections to parliament. It also deliberated upon upcoming elections in Punjab and prevailing political and constitutional crisis in the country.

وزیراعظم شہبازشریف کی زیرصدارت وفاقی کابینہ کا اجلاس وزیراعظم شہبازشریف کی صدارت میں وفاقی کابینہ کا اجلاس اتوار کو وزیراعظم ہاﺅس میں منعقد ہوا جو دوگھنٹے تک جاری رہا pic.twitter.com/u5M3TxvAoL

— PMLN (@pmln_org) April 9, 2023

The cabinet discussed whether or not to release funds to the Election Commission of Pakistan (ECP) for holding elections in Punjab on May 14 or 'defy' the Supreme Court’s order. It was decided to keep the supremacy of the parliament. It was also decided to take the funds issue to the parliament. The meeting held through video link in the provincial capital.

The cabinet also approved the National Security Committee (NSC) meeting's decisioins. 

Sources told Dunya News that the cabinet members condemned the act of President Dr Arif Ali of returning the Supreme Court (Practice and Procedure) Bill 2023 to the government.

PM Shehbaz, speaking on the occasion, said the role of the president had become like that of a PTI activist. It was said that "it is unfortunate to send the bill approved by the Parliament back. The president should have abided by the Constitution and the law."

Sources said Justice Athar Minallah’s dissenting note and the Supreme Court's verdict on polls also came under discussion. It was stated that how four-three judgment could be accepted as three-two. 

They further said the cabinet discussed the future line of action. No agenda had been issued before the meeting.

Most cabinet members, including Riaz Pirzada, Sajid Toori, Maulana Abdul Wasae, Hashim Notezai and Amir Muqam, participated in the meeting through a video link. Sardar Ayaz Sadiq, Khawaja Saad Rafique, Azam Nazeer Tarar, Atta Tarar and others joined it from Lahore.

Earlier, Information Minister Marriyum Aurangzeb described the meeting “an important huddle on the current issues.” She revealed the agenda of the meeting but hinted that “significant decisions” might be taken. Most cabinet members would participate through video link, she added.

Meanwhile, the People’s Party (PPP) has distanced itself from the PML-N’s demand that Chief Justice Umar Ata Bandial should step down. But, insiders said that the PPP may review its stance whether to support the PML-N decision to reject the court’s order on Punjab polls or not.

According to a PML-N insider, top of meeting agenda were the release of funds for Punjab elections, president’s decision to return Supreme Court Practice and Procedure Bill 2023, and Justice Athar Minallah’s dissenting note on suo motu on the elections in Punjab and Khyber Pakhtunkhwa.

He said the Sharifs were in complete mood for a face off with the chief justice-led bench’s decision to hold elections in the province on May 14.

He revealed that the coalition government “doesn’t care” what action the Supreme Court will take. The PML-N was desperate for a narrative that would help it in elections, he continued.

Meanwhile, Finance Minister Ishaq Dar has not given a hint that the government would release funds to ECP by April 10 as the Supreme Court order.

-- President Alvi refuses assent to bill to limit CJP powers -- 

President Dr Arif Alvi returned the Supreme Court (Practice and Procedure) Bill, 2023, for reconsideration to parliament, stating that the legislation “prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation”.

The president returned the bill unsigned as per the provisions of the Article 75 of the Constitution days after it was sent to him for approval after it sailed through the National Assembly and Senate amid standoff between the government and the Supreme Court over snap elections in Punjab and Khyber Pakhtunkhwa.

The president said he thought it fit and proper to return the Bill, in accordance with the Constitution, with the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the Court of Law). He said several aspects were required for due consideration. Firstly, “Article 191 of the Constitution empowers the Supreme Court ‘to make rules regulating the practice and procedure of the Court’. Under such enabling provisions of the Constitution, the Supreme Court Rules 1980 have been made and in force duly validated – and adopted by the Constitution itself. These time-tested Rules are being followed ever since the year 1980 – any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence,” he highlighted.

He said the Constitution was founded on the concept of trichotomy of power – three pillars of the State whose domain of power, authority and functions are defined and delineated by the Constitution itself.

He also cited Article 67 and Article 191 of the Constitution that define the limits of parliament and the Supreme Court of Pakistan.

Article 67 that states - “subject to the Constitution, a House may make rules for regulating its procedure and the conduct of its business….” while Article 191 states that “subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the Court”.

The president said, “Articles 67 & 191 are akin to each other and recognize the autonomy and independence of each other respectively – barring interference of one into the other’s domain”.

He said the top court was an independent institution as visualised by the founding fathers that in the state of Pakistan ‘independence of judiciary shall be fully secured’. With such an objective in view, Article 191 was incorporated and the Supreme Court was kept out of the law-making authority of parliament.

The competence of parliament to make laws stems from the Constitution itself, he highlighted.

“Article 70 relates to ‘introduction and passing of Bills’ with respect to any matter in the Federal Legislative List – enumerated in the Fourth Schedule of the Constitution. Followed and further affirmed are the provisions of Article 142(a) that Parliament can make laws ‘with respect to any matter in the Federal Legislative List’. Entry 55 of Part I of Fourth Schedule while empowering the Parliament to make laws in respect of ‘jurisdiction and powers of all courts except the Supreme Court’ especially excluded the Supreme Court,” Mr Alvi said.

Thus, the Bill prima-facie travels beyond the competence of the Parliament and can be assailed as a colourable legislation.

“The Constitution confers the Supreme Court with Appellate Jurisdiction (Articles 185 – 212), Advisory (Article 186), Review (Article 186), (Article 186) and Original Jurisdiction (Article 184). Article 184(3), the focus of the Bill relates to original jurisdiction of the Court — providing for the mode and manner for invoking it and providing Appeal. The idea may be laudable but can such a purpose be achieved without amending the provisions of relevant Articles of the Constitution — established law is that the provisions of the Constitution cannot be amended by an ordinary law as the Constitution is a higher law — father of laws — a Constitution is not an ordinary law, but rather an embodiment of fundamental principles, higher law, and law above other laws.”