NA rejects constitutional amendment barring disqualified member from heading party

ISLAMABAD: The Lower House of Parliament on Tuesday rejected the amendment to Elections Bill 2017, which sought to restrict disqualified parliamentarians from heading a political party after 163 members voted against the proposed change in legislation.

The leading opposition party in the National Assembly, Pakistan Peoples Party’s (PPP) member Naveed Qamar had earlier presented an amendment to the bill in the assembly. 

After the Speaker of National Assembly Sardar Ayaz Sadiq put the motion to the Lower House of the Parliament, the Law and Justice Minister Zahid Hamid interrupted to oppose the bill.

“The law minister has every right to oppose the bill and we accept it but this is an effort of the joint opposition,” PTI leader Shah Mehmood Qureshi said, following the interruption by Hamid. “I am surprised that the government is panicking and not even showing enough restraint to listen to our point of view.”

A ruckus, by members of the government, followed Shah's statement.  

The amended bill was rejected with 163 members opposing it, while 98 members voting in its favour. 

PPP Leader Naveed Qamar

After he presented the amended bill to the on the floor of the house, Qamar said that the Electoral Reforms Bill, passed by the National Assembly and Senate, was being corrected through amendments meant as corrections.

"There have been further amendments in the Elections Bill 2017,” he said. “The essence of the Constitution is damaged when a person who is not even a member of the house is allowed to lead a political party.”

“We feel the bill should be amended till a member cannot be a party’s president if they are not eligible to be a member of the National Assembly,” he said, adding that it was unfortunate that an amendment that was passed to benefit one individual would have a lasting enough effect on the house.

“The respect of this house, which makes policies, is the responsibility of the Chairperson,” he said. “We cannot be casual about democracy; democracy should be real; democracy means there is rule of law. It also means we respect the Constitution and the institutions.”

He continued to say that his party had brought forward the bill to move one step in the general direction of reigniting the true essence of democracy.

“The bill has been moved by all opposition parties. I hope the bill today is passed by this house today,” he said. 

PTI leader Shah Mehmood Qureshi

Responding to Hamid's interruption, Qureshi requested that the ruling party and its allies listen to the opposition's point of view.

"The law minister has every right to oppose the bill and we accept it but this is an effort of the joint opposition,” Qureshi said. “I am surprised that the government is panicking and not even showing enough restraint to listen to our point of view.”

He reminded the members of the house that the Political Parties Order 2002 had a proviso that clearly stated that an individual who is ineligible for a seat in the Assembly cannot head a party.

“That proviso, passed in the bill, was discussed in the Senate,” he said. “The Senate, which is the Upper House of the people, had applied its collective wisdom to reject it and then send it to the Lower House.”

Addressing the government benches, Qureshi said: “You can reject it, you have the numbers.”

“A law that was passed by the Senate and National Assembly created a conflict, to resolve which, we are collected here today.”

He went ahead to say that the Constitution by way of the Article 62 has prescribed some qualifications to be a Member of the Parliament and if an individual does not fulfil those standards then they cannot lead a party.

“Any member [of Pakistan’s legislative bodies] has to fulfil criteria, for which being Sadiq (truthful) and Ameen (honest) is necessary,” he said. “If a five-member bench of the senior-most judges of the Supreme Court has declared that an individual doesn’t match the set criteria, how can they continue to lead a party?”

He stressed that there is a logical and correct position in accordance with the Constitution on the matter that the Bill sought to take.

“The leader of a parliamentary party regulates and controls the policy and it has now become very obvious that in the present set-up, the present Prime Minister [Shahid Khaqan Abbasi] is abiding by the policy of the former prime minister [Nawaz Sharif],” Qureshi remarked.

He reiterated that the ‘ex-prime minister still regulates and controls the policy.’

“In a parliamentary democracy, the standards for a member of the Assembly and the political party can’t differ. And if they do, it is against the essence of democracy,” Qureshi said. “Democracy is a process, and it cannot have different yardsticks.”

He insisted that any “person-specific legislation” could never be considered “good law.”

“Clause 203’s insertion conflicts with the Constitution and the Supreme Court’s decision in the Panama Papers case,” he said, adding that the clause unbalances the country’s Constitution, which is based on a trichotomy of powers.

“You are going towards concentration, and that will neither serve democracy nor strengthen institutions,” he said. “The legislation that facilitates an individual isn’t good legislation.” 

“Pakistan is a federation compromising of four federating units and the Senate represents the Federation of Pakistan,” Qureshi stressed. “When the Upper House has rejected their [PML-N’s] insertion of clause 203, then, by being in confrontation with the Senate, you are not strengthening democracy; you are [in fact] challenging the concept of federalism.” 

He requested the members of the National Assembly to understand the complexities of a federal system. 

"When the Upper House rejects a legislation and you want to force it upon the people by sheer force of strength, you are acting against the spirit of democracy." 

Nawaz to personally monitor proceedings: sources 

PML-N president Nawaz Sharif was personally monitoring the proceedings of the National Assembly today, according to some reports. 

Sources said the former premier and party chief has sought the attendance record of lawmakers and will likely issue show-cause notices to MNAs who skip today's crucial session.

On October 23, the opposition-controlled Senate passed the Elections (Amendment) Bill 2017 with a majority vote, re-barring disqualified persons from taking part in political activities.

The bill had been put forward by leaders of the Pakistan Peoples Party (PPP) and Pakistan Tehreek-e-Insaf (PTI), among other opposition parties' members. 

The amendment in section 203 of the Elections Act 2017 seeks to reimpose a ban on disqualified persons from taking part in political activities. 

Earlier this year, the ruling Pakistan Muslim League-Nawaz (PML-N) managed to pass the Elections Act, 2017 from the Senate and then the National Assembly to allow former prime minister Nawaz Sharif to head the PML-N once more after his disqualification by the Supreme Court in the Panama Papers case. 

Earlier, electoral laws had barred disqualified persons from heading political parties. 

Game of numbers

The government and its allies numbered 213 — the PML-N had 188 members, Jamiat Ulema-e-Islam-Fazl 13, PML-Functional 5, Pakhtunkhwa Milli Awami Party 3, National Peoples party 2, PML-Zia 1 and National Party 1.

Meanwhile, the opposition parties' numbers were as follows: PPP 47, PTI 33, Muttahida Qaumi Movement 24, Jamaat-e-Islami 4, Awami National Party 2, PML-Quaid 2, Balochistan National Party 1, Qaumi Watan Party 1, All Pakistan Muslim League 1 and Awami Jamhoori Ittehad Pakistan 1.

Moreover, there were 10 independents in the Lower House.  

After being rejected from the Lower House, the matter can go to a joint sitting of Parliament where the PML-N and its allies will still outnumber the combined opposition.

However, of late, the PML-N has been struggling to ensure the presence of its lawmakers in the National Assembly. This was seen most recently when, earlier this month, the government failed to ensure the quorum in the lower house while attempting to pass the delimitation bill. 

Moreover, since Nawaz's disqualification, the opposition parties have claimed time and again that there are fissures in the PML-N, with dozens of party lawmakers ready to jump ship.