April 3, 2010

Parliament should declare the 17th Amendment to the Constitution and the Legal Framework Order (LFO) given by a dictator as without any legal authority and should be repealed.

NWFP should be renamed as ‘Khyber Pakhtoonkhwa’.

Good Governance by restricting the size of the Cabinet in  to 11 per cent of the members of Parliament and respective Provinces.

Four seats, one from each province, should be allocated in the Senate for the minorities to increase their strength.

It has been recommended that education to each child up to the age of 16 years be made compulsory.

Formation of the council of common interests should be revised with prime minister as its chairman. The council should meet at least once in 90 days besides abolition of the Concurrent List.

Prime Minister shall keep the president informed on all matters of internal and foreign policy and on all legislative proposals the federal government intends to bring before the Majlis-e-Shoora (parliament).

President could use the power of dissolution of the National Assembly when 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 provisions of the Constitution, as ascertained in a session of the National Assembly for the purpose.

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.

Under-representation of any class or area in the service of Pakistan may be redressed in such manner as may be determined by an act of Majlis-e-Shoora (parliament).

Restriction imposed on the attorney general for doing private practice.

Inexpensive and expeditious justice should be ensured to the people as also the right of access to information without any hurdle.

The prime minister shall, in consultation with the leader of the opposition in the National Assembly, forward three names for appointment of the Chief Election Commissioner to a parliamentary committee for hearing and confirmation of any one person.

The parliamentary committee, to be constituted by the speaker, shall comprise 50 per cent from the opposition parties, based on their strength in Parliament to be nominated by the respective parliamentary leaders. In case there is no consensus between the prime minister and the leader of the opposition, each shall forward separate lists to the parliamentary committee for consideration, which may confirm one name.

The total strength of the parliamentary committee shall not exceed 12 members out of which one-third shall be from the Senate. Provided that when the National Assembly is dissolved and a vacancy occurs in the office of the chief election commissioner, the parliamentary committee shall comprise the members of the Senate only.

There shall be no restriction on the number of terms for the offices of the prime minister and chief ministers.

Prime minister would advise the president on appointment of the chairman of the chiefs of staff committee and chiefs of three armed forces.

The Senate shall consist of 104 instead of 100 members with the addition of one minority member from each province.

Working days of the Senate have been increased from 90 to 110.

Restriction on a person who has been dismissed from the service of Pakistan, service of a corporation or office set up or controlled by the federal government or the provincial government on ground of misconduct has been lifted. According to this amendment, a person could be elected as MP, three or five years after dismissal from the service.

A person shall be disqualified from being elected or chosen as, and from being, a member of parliament if he has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled, by the federal government, the provincial government or a local government on ground of misconduct, unless a period of five years since his removal or dismissal; or unless a period of three years has elapsed since his removal or compulsory retirement.

The restriction on a person being elected as member of parliament, who has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or integrity or independence of the judiciary of Pakistan, or which defames or bring into ridicule the judiciary or the armed forces of Pakistan, unless a period of five years has elapsed since his release.

Chairman of the Federal Public Service Commission would be appointed by the president on the advice of the prime minister. Similarly, chairmen of the provincial public service commissions would be appointed by the governors on the advice of chief ministers.

Proclamation of emergency in the province due to internal disturbances would require a resolution from the provincial assembly.

If the president acts on his own, the proclamation of emergency shall be placed before both houses of parliament for approval by each house within 10 days.

On dissolution of the assembly or completion of its term, or in case it is dissolved under Article 58 or Article 112, a caretaker shall be selected by the president in consultation with the prime minister and the leader of the opposition in the outgoing National Assembly. Similarly, a caretaker chief minister will be appointed in consultation with the chief minister and the leader of the opposition in the outgoing provincial assembly.

Proclamation of emergency of the fourteenth day of October, 1999, the Provisional Constitution Order (PCO) No 1, the Oath of Office (Judges) Order, 2000, Chief Executive Order No 12 of 2002, Chief Executive Order No 19 of 2002, the amendments made in the Constitution through LFO, 2002, (Chief Executive Order No 24), the LFO (Amendment) Order, 2002, Chief Executive’s Order No 29 of 2002) and the LFO (Second Amendment) Order, 2002 (Chief Executive Order No 32 of 2002), notwithstanding any judgment of any court, including the Supreme Court or a High Court, are hereby declared as having been made without lawful authority and of no legal effect.

Judges of the Supreme Court, High Courts and Federal Shariat Court who were continuing to hold the office of a judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order 2000, shall be deemed to continue to hold the office as judge or appointed as such as the case may be, under the Constitution and such continuance or appointment, shall have effect accordingly.

Appointment of judges to the Supreme Court, there shall be a judicial commission. For appointment of judges of the Supreme Court, the commission, headed by the chief justice of Pakistan, shall also consist of two most senior judges of the apex court, a former chief justice or a former judge of the Supreme Court to be appointed by the chief justice in consultation with two member judges for a period of two years, federal minister for law and justice, Attorney General for Pakistan, and a senior advocate of the Supreme Court of Pakistan to be nominated by the Pakistan Bar Council for a period of two years.

The judicial commission for the appointment of High Court judge, headed by the chief justice of the High Court, would also include two most senior judges of the High Court, provincial law minister, a senior advocate to be nominated by the provincial bar council.

For appointment of judges of the Federal Shariat Court, the judicial commission shall also include the chief justice of the Shariat Court and the most senior judge of that court as its members.

Article 58-2(b) should be repealed and substituted with “Dissolution of the National Assembly”.

The substitution clause 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.

Passing of the bills: Recommended substitution in 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.

Bills presented in the house but not passed within 90 days of laying in the House shall be considered in a joint sitting of parliament.

Islamabad High Court to be established and the judges of the Islamabad High Court should be taken from the federal capital and four provinces.

21 Comments

  1. c hussain says:

    The article by Hamid Mir in today The News is an interesting analysis of the amendments being proposed. One amendment which can be very clearly challenged in Court immediately is the new amendment inserted in Article 63(h) which after amendment it says A PERSONAL SHALL BE DISQUALIFIED FROM BEING ELECTED MEMBER OF PARLIAMENT IF HE HAS BEEN, ON CONVICTION FOR ANY OFFENCE INVOLVING MORAL TURPITUDE, SENTENCED TO IMPRISONMENT FOR A TERM OF NOT LESS THAN TWO YEARS, UNLESS A PERIOD OF FIVE YEARS HAS LAPSED SINCE HIS RELEASE.

    The question is that how can a convicted person be a member of the parliament when no one can get in government service as a peon even if he has a history of conviction. Even in the west if we apply for any job one question they ask us is that have there ever been any proceedings against that person in court of law and has he ever been convicted ever.

    I am fully confident that this particular amendment would be and should be challenged in the court of law and struck down as being ultra vires to the spirit of the Constitution and being discriminatory.

    As for Pakhtunkhuwa – the way ANP and Fazl ur Rehman have been criticising PML – N for dragging their feet on the name of the province – they havent said a word about the member from FATA who clearly opposed inclusion of FATA in this newly named province. When their own Pathan brothers are not ready to be part of their province – why was this all hype then and blame Nawaz Sharif for.

    Also the composition of judicial commission could be challenged because Babar Awan is member of that commission and the fact that he has committed a serious misconduct by obstructing the course of justice which can be very clearly observed by the contents of resignation speech of Attorney General – can such a person be trusted to be given the responsibility for picking judges for us.

    Again in Concurrent list Education has been handed over to the provinces – but wont it affect the country because there would be different education systems in different provinces.

    There are lots of things to be discussed and analysed before a final bill can be agreed. Even now there have been protests in Hazara over renaming of the province so lets see if this amendment ushers an era of stability or not. I believe that Babar Awan is doing all this deliberately on prodding of Zardari because he is losing powers to Gilani. Can a guy be given responsibility of Law Ministry who has himself got a fake doctorate degree from internet.

  2. true_blue_pakistani says:

    So, all murderers hooligans dacoits can become members of the parliament now. and PM can do whatever he likes without any checks and balances. what kind of democracy is this? babar awan is going to be involved in appointment of judges what a cruel joke? a fake doctor cum convict is going to talk about justice. This bill should not be passed without major amendments. I wonder howcome this con-mmittee took two years to draft this dubious document?

  3. jazoo says:

    “SENTENCED TO IMPRISONMENT FOR A TERM OF NOT LESS THAN TWO YEARS”

    Is it funni or I failed to understand.
    So a person is disqualified whose sentence was less than two years.

  4. skunk says:

    @ jazoo: The previous article in the Constitution has been written here. This article is going to modified. Those imprisoned for less than two years is eligible anyways

    @true_blood_Pakistani:

    If people of his area think he is eligible to represent them why should he not do so?

  5. scary says:

    I think the nation would be well served if the President and the four governors are elected by popular vote and not by the assemblies and the appointment of armed forces should be subject to parliament approval not a committee approval.

  6. Mujtaba says:

    @ scary
    aik waqt main aik hi system chalay ga na 2 tu nahi chal saktay .. either parliamentary or presidential ….
    ooo bhai … ap tu achay khasay perhay likhay banday hain …. yeh kia hua ap ko …

  7. All skeptics, please don’t act like stupids. It is one to the best thing that could happen to our country and I am waiting for the time when it becomes part of our constitution. The proposed amendments look quite balanced and will definitely going to decrease secessionist feelings among smaller provinces.

    btw it was really fun watching “meray mutabiq” today, where three کٹتنیاں namely dr shahid masood, ansar abbasi and imran khan were really pissed off on political parties on their marvelous achievement and behaving like kids by dreaming that some how still amendments could be blocked by hook or crook so that their daal-roti could continue.

  8. scary says:

    @ mujtaba

    I am not suggesting make president powerful like the present system. Even if we bring in a cermonial President he should be elected by the people and not by the parliment. The same for governors.

  9. We need a System Like Americans, in which people should know who could be their president, we should not let the parliamentarians select the president or prime minister, but it’s the people who should.

    And then the president or prime minister should select his cabinet, and they should all be experts, and the parliamentarians should not hold any other office, except legislation .

  10. amajid.malik says:

    ABBOTTABAD: Members of the National Assembly belonging to the Pakistan Muslim League-Nawaz and JUI-F on Saturday said the lawmakers from Hazara division would table a resolution in the National Assembly to demand the status of province for Hazara.

    Addressing a press conference, PML-N’s Murtaza Javed Abbasi said the assembly members from Hazara would not hesitate to introduce another amendment in the Constitution for the creation of Hazara province. “We have decided to table a resolution in the National Assembly,” he added.

    Abbasi is one of the two National Assembly members from Abbottabad district. The other is Sardar Mahtab Ahmad Khan, also from PML-N that agreed to rename NWFP as Khyber-Pakhtunkhwa.

    JUI-F’s newly-elected MNA from Mansehra, Laiq Mohammad Khan said he would attend the National Assembly session wearing a black arm-band, staged a walkout over ending the identity of Hazara and demand provincial status for Hazara. He also announced support for the movement against the renaming of NWFP as Khyber-Pakhtunkhwa. Regarding renaming of the province, Abbasi said that it had become difficult for the PML-N to go against other political parties. “Despite opposition from all sides, PML-N chief Nawaz Sharif took stand on the issue for over 10 days, which helped in adding the prefix Khyber to Pakhtunkhwa,” he argued.

    Abbasi observed that it was the Pakistan People’s Party, which fully backed the Awami National Party in the renaming of NWFP.

    Meanwhile, people in Abbottabad staged protests Saturday against Khyber-Pakhtunkhwa for the third consecutive day. The protesters blocked the Karakoram Highway for 30 minutes for all kinds of traffic at the Fawara Chowk by burning tyres on the main road.

    Earlier, the protesters took out a procession against the renaming of the province and marched through various bazaars and staged a sit-in at the Fawara Chowk.

    The protestors were led by former Abbottabad district Nazim and the Hazara Suba Action Committee head Sardar Haider Zaman, PML-Q leader Mushtaq Ahmad Ghani, PTI’s Asif Zubair Sheikh.

    They condemned the renaming of the province as Khyber-Pakhtunkhwa as it wiped out the identity of the people of Hazara and demanded of the government to declare Hazara as a province. Speaking at the protest meeting, Gohar Ayub Khan alleged that Peshawar valley had exploited Hazara due to lack of unity among the assembly members from Hazara. He said the Rs22 billion net hydel profits from Tarbela Dam were the right of Hazara and should be spent in the area for uplift works. Former ministers Sardar Idrees and Yousaf Ayub Khan, former lawmaker Mazhar Qasim Shah, former National Assembly deputy speaker Sardar Yaqoob, Jamaat-e-Islami’s Pir Khan Tanoli, ex-assembly candidate Dr Mohammad Azhar, traders’ representatives Naseer Khan Jadoon and Mumtaz Khan, Hazara Qaumi Mahaz’s Naseem Awan, etc also attended the meeting.

    It was decided to observe shutters-down and wheel-jam strike in Hazara on the occasion of President Zardari’s speech to the joint session of parliament on Monday.

  11. proudpakistani85 says:

    Comments for From Paris with Love:

    I don’t understand the reason to show Pakistan as a terrorist country, Pakistan is the number 1 US ally in fighting terrorism, Pakistani nation has suffered the highest casualties in War against terrorism and we are supporting US Army in every way, this movie is a shame to PAK-US friendship and People of USA should give respect to all those people who are fighting to save America from terrorism. It’s also insulting to American army losing lives in Afghanistan and Iraq. For movie writer and director I would say ‘Idiot do some research before making movies’

    Read more at Suite101: From Paris with Love by Director Pierre Morel: Violence and Stereotyping in Film Starring John Travolta

    Please see comments from Pakistanis against this movie

    http://racism.suite101.com/article.cfm/from-paris-with-love

  12. zalmay says:

    @C hussain, great analysis in your first comment. I absolutely aggree with you except the ‘Pukhtoonkhwa’ issue. Hazara people got every right to make peaceful efforts for their demands and should abstain from voilance. They are wise enough to stay away in the ‘War on Pukhtoons’ or the ‘War on N.W.F.P’ with NATO and our so called army, now they are back for their dens and asking for their rights by shouting and protesting.
    @ Amjad.Malik, I don’t see any useful contribution or presence of the people of hazara on the ‘WOT Issue’, What the heck is this Hazara Issue ? If you want another province for the people of hazara, tell them to learn and do scarifice for your existing province before you ask for another one. I reckon, keeping in view their present unfaithfulness, hazara people cannot afford to take the huge responsibility of a separate province at the moment. Conspiracy may be a quality of some communities but they need to be able to give scarifice for obtaining their legitimate rights and also need to have the patience to wait for that final moment ??? If the people of Hazara cannot be the part of solution in our province they got no right to be the part of a perpetual problem.

  13. amnazaman says:

    In my concern I do not agree with the fact that a non-Muslim can not become the PM. Earlier this option was available. Speaking of freedom I think every one should be given a right to get nominated for the seat of PM. We should have freedom of that in Pakistan as a secular state where we respect rights of all.

  14. mir munsif says:

    Those who have biases and inner prejudice in their heart,they wont see any good thing in any action of PPP,Every one knows who turns up side down on this Reform Package..PMLN leader NS,he always blamed PPP but in final back drop,he was against it.Shame!

  15. pk9221 says:

    I have been alleging government functionaries, foreign governments including those of India, Britain and USA and related elements/people baselessly. Such discussions possibly burden one’s own shoulders only. Kindly convey my apologies to them and if you are reading this or hear about it then forgive me.

  16. iqbaladnan says:

    @zalmay

    Should we sacrifice for ANP looters. Why should we? We did not create this war on terror for you. You and your brothers started it, fueled it, benefited from it…………

    And you do not see any benefit from people of hazara. then you should definitely advocate Hazara as seperate province. In this way you will get rid of all burdeons that you have in the form of people of hazara. Is is not the right solution????

  17. iqbaladnan says:

    @zalmay

    “hazara people cannot afford to take the huge responsibility of a separate province at the moment”

    So be it, give it to them. They use it or loose it, its their choice.

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