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Summary
Chairman Parliamentary Committee on Constitutional Reforms, Mian Raza Rabbani Friday presented the committee report containing 100 recommendations to restore the 1973 Constitution in its original form. The landmark document that emerged after nine months marathon delibarations has proposed to do away with the notorious 52/2B, LFO, 6th and 7th schedule as well as the most demanded concurrent list. In a very charged atmosphere in the House Rabbani presented 100 proposals to amende the consitution amid continued thumping of desk across the divide. Giving details of the recommendations Raza Rabbani said that it proposed in articles 6 of the constitution that an person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treasons. He said the committee proposed insertion of Article 10(A) which says: for the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process. He said amendment in Article 25 says that the state shall provide free and compulsory education to all children of the age of five to 16 years in such manner as may be determined by law. In article 27, it was proposed that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may determined by an act of Majlis-e-Shoora (Parliament). He said the committee proposed substitution of Article 51 of the constitution under which there shall be 342 seats for members in National Assembly including seats reserved for women and non-Muslims. The Chairman of the Committee Raza Rabbani said that an amendment in Article 48 of the constitution was also made, which says; the President dissolves the National Assembly, notwithstanding anything contained in clause (1). He (president) shall appoint a date, not later than 90 days from date of the dissolution, for the holding of a general election of the Assembly; and appoint a care-taker cabinet. If an any time the Prime Minister considers it necessary to hold a referendum on any matter of national importance, he may refer the matter to a joint sitting of the Parliament and if it is approved in a joint sitting, the Prime Minister may cause such matter to refer to a referendum in the form of a question that is capable of being answered by either yes or no, he said. The committee proposed that Article 58/2B shall be repealed and substituted with Dissolution of the National Assembly. The substitution article says that the President shall dissolve the National Assembly if so advised by the Prime Minister, and the National Assembly shall, unless sooner dissolved, stand dissolved at the expiration of forty-eight hours after the Prime Minister has so advised. Notwithstanding anything contained in clause((2) of Article 48, the President may also dissolve the National Assembly in his discretion where, a vote of no-confidence having been passed against the Prime Minister, no other member of the National Assembly commands the confidence of the majority of the members of the National Assembly in accordance with the provision of the constitution, as ascertained in a session of the National Assembly summoned for the purpose. Rabbani said that the committee also proposed substitution of Article 59 and recommended that the Senate shall consist of 104 members, 14 shall be elected by the members of each provincial assembly, 18 shall be elected from FATA, two on general seats, one woman, one technocrat shall be elected from the Federal Capital. Four women shall be elected by the members of each provincial assembly, four technocrats including Ulema shall be elected by members of each provincial assembly and four non-Muslim, one from each province shall be elected by the members of each provincial assembly. An amendment in Article 61 was proposed to increase the days of Senate session from 90 to 110, he said. Rabbani said that the committee recommended substitution of Article 70 with introduction of passing of bills, adding that a bill with respect to any matter in the Federal Legislative List may originate in either House and shall, if it is passed by the House in which it originated, be transmitted to the other House and if the bill is passed without amendment by the other House also, it shall be presented to the President for assent. He said that those bills which were presented in the House but were not passed within ninety days of its laying in the House shall be considered in a joint sitting of the Parliament. The committee proposed that the Article 71 of the constitution shall be omitted. The committee proposed amendment in Article 92 under which the total strength of the Cabinet, including Ministers of State shall not exceed 11 percent of the total membership of Parliament, he said. He further said the committee proposed that governors would be a resident and a registered voter of his respective province, and he would be appointed by the President on the advice of the Prime Minister. It was also proposed that the Article 104 shall be substituted and the Speaker Provincial Assembly will act as or perform functions of Governor in his absence. It was proposed in Article 127 that the Provincial would meet 100 days instead of 70 days. The committee proposed Article 140(A) which says; each province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments. Election to the local governments shall be held by the election Commission of Pakistan, he added. The committee proposed an amendment in Article 147 which says that if any provincial government decides to entrust some of its function to the federal government it would ratify its decision by the provincial assembly, Rabbani said. The committee proposed in Article 153 that the Prime Minister would be the chairman of Council of Common Interest and the members of the council would include Chief Ministers and three members from the federal government to be nominated by the Prime Minister. The Article 154 was also amended and it was proposed that Council will formulate and regulate policies in relation to matters in Part II of the Federal Legislative List and shall exercise supervision and control over related institutions. The council will have permanent secretariat and shall meat at least once in 90 days, he added.The committee proposed an amendment in Article 157, that the federal government shall, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any province shall consult the provincial government. In case of any dispute between the federal and provincial government the matter would be sent to Council of Common Interest for resolution. The committee proposed in Article 168 that the Auditor General will hold his office for a term of four years and the terms and conditions of service of Auditory General will be determined by the Parliament. Under proposed amendment in Article 213, the Prime Minister shall forward three names for office of Chief Election Commissioner in consultation with Leader of the Opposition in National Assembly to a parliamentary committee for hearing and confirmation. The committee proposed insertion of Article 175 (A), appointment of judges to the Supreme Court, High Courts and the Federal Shariat Court. It was proposed that a commission comprising Chief Justice of Pakistan as Chairman, two most senior judges of the Supreme Court, a former Chief Justice or a former judge of the Supreme Court, federal minister for law and justice and senior advocate of the Supreme Court as members, will appoint judges of Supreme Court and High Courts. The committee proposed substitution of Article 243 and said that the Federal government shall have control and command of the armed forces and the supreme command of the armed forces shall be vest in the President. The President on advise of the Prime Minister will appoint and determine salaries and allowance of Chairman Joint Chiefs of Staff Committee, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff.
