Like in the lower house, 342-member National Assembly, in the upper house too, the bill received more than two-thirds support – 90 of the hundred members voted for it and none opposed.
Zardari has already announced he would give assent to the legislation. He may do so early next week to give effect to transfer of some key presidential powers to parliament, or the prime minister and to provide for parliamentary oversight of the appointment of judges of superior courts and Election Commission members.
Prime Minister Yousaf Raza Gilani said several changes made by dictators to the constitution had left Pakistan with a government that was neither parliamentary nor presidential. ‘The new reform removes this ambiguity’.
The bill also seeks to repeal the controversial Seventeenth Amendment of 2003 that legitimised then military president Pervez Musharraf’s decrees. It also did away with the Musharraf decree that provided for internal elections in political parties
Chairman of the Parliamentary Committee on Constitutional Reforms Raza Rabbani justified the decision saying that Musharraf had introduced the clause only with a view to regulate parties.
BLACK SPOTS- BREWING OPPOSITION
Supreme Court lawyers have decided to challenge the statutory reform in respect of judiciary.
President of the Supreme Court Bar Association (SCBA) Qazi Anwar said the lawyers would launch a countrywide lawyers agitation to defend the independence of the judiciary, which in his view has been seriously dented by the Amendment. The agitation would be launched after a couple of weeks for which, he said, the lawyers leadership would visit all different parts of the country to mobilize law practitioners and to also win the support of the masses.
There are some other ‘black spots’ which have attracted widespread disapproval.
One contentious amendment allows election of a prime minister even if the person doesn’t enjoy the support of at least 172 MNAs (51%) in the 342-member National Assembly. This also dispenses with the condition of seeking a vote of confidence by the prime minister after election. Apparently, the confidence vote condition has been scrapped to save a prime minister elected by less than the 51% majority from undergoing this exercise because he would certainly fail to secure the majority vote.
Another clause ends the life-time ban from becoming MP on those convicted for crimes like corruption, misuse of authority, and moral turpitude.
Another important feature is that a person, not elected to the National Assembly, can be appointed as federal minister and can hold this position for at least six months. This provision existed in the original 1973 Constitution. Later it was removed but again revived. Zardari becomes ceremonial head of state
