950827

Promulgation of ordinances

Speaker rules out

opposition point

of order on

ordinances

RECORDER REPORT

ISLAMABAD: National Assembly Speaker Yusuf Raza Gilani ruled out of order the point of order of Deputy Leader of the Opposition Gohar Ayub Khan with regard to the promulgation and re-promulgation of ordinances, after hearing the deputy leader of the opposition and Mian Yaseen Khan Wattoo and the State Minister for Law, Mian Raza Rabbani.

He held that there is no bar in the Constitution preventing the President from promulgating or re-promulgating an ordinance. The judgment of the Supreme Court on the subject also does not bar the President from enactment of laws through ordinances. He said that ordinances have to be laid before the Parliament as and when either House is called into session and no objection can be raised about it. The Constitution provides for disapproval of the ordinances by the National Assembly.

Gohar Ayub, raising a constitutional and legal point of order mainly relying on the judgment of the Supreme Court, contended that the President and the governors have been barred from re-enactment of the ordinances and these have to be laid before the Assembly at the earliest, or they would lapse after the stipulated period provided in the Constitution.

He said that 15 ordinances being laid today do not fulfil the requirement of urgent necessity. The ordinances are being re-promulgated are not in any sense of the word in the interest of the people while all laws which are enacted are supposed to be for the betterment of the poor people.

He further contended that the Supreme Court ruling held that "the powers to legislate cannot vest in the Head of State and it is the Parliament which has power to legislate".

He said "the Supreme Court judgment is very clear and one of the judges happens to be the present Chief Justice of Pakistan. The re-promulgation is unconstitutional. The President and the ruling party has taken over the role of deliberately promulgating and re-promulgating ordinances and are thus wilfully bypassing the National Assembly and the Senate.

Mian Raza Rabbani, State Minister for Law, said 'the Supreme Court judgment is a split judgment and a larger bench is seized of the issue on the same law point the crux of the split decision is that vacuum or void cannot exist. The judgment has to be taken in its entirety. The Deputy Leader of the Opposition has quoted the judgment out of context whereas the judgment in its entirety should have been quoted.

He said that under the Constitution, the President, when he feels necessary, can promulgate an ordinance. The question of the government shying away from legislation does not arise. Whenever an ordinance is promulgated, at the very next session, it is tabled in the House and it goes automatically to the standing committee.

Referring to the rulings given by the deputy leader of opposition when he was Speaker, he said that he held repeatedly that the Constitution provides for the promulgation of ordinances.

He said he had repeatedly offered to the opposition to co-operate in the legislative work but no response has come back. He said the remedy to meet the situation available in the Constitution and the rules is that the opposition may resort to rejection of ordinances through a disapproval resolution.

Mian Yaseen Khan Wattoo contended that the rulings of the Speaker are no longer valid with the judgement of the Supreme Court. These rulings were given before the Supreme Court judgement came. So far as the question of its being before a large bench is concerned, the judgement of the smaller bench will prevail till the decision is reversed.

He contended that the President cannot usurp the rights of the legislature by promulgating ordinances. The legislative powers rest with the National Assembly unless it is dissolved when the President would have the powers to promulgate laws through ordinances till such time as a new assembly comes into office. The ordinances being laid before the House are not valid laws and the Law Minister should not be permitted to lay them, he prayed.

Law Minister N.D. Khan then laid the 15 ordinances very hurriedly as if this was the only role he had to play in the legislative business.

The ordinances are: the Telecommunication Ordinance, the Special Courts for Speedy Trials (Repeal) Ordinance, the Senate Election (Third Amendment) Ordinance, the Karachi Port Trust (Second Amendment) Ordinance, the Pakistan Postal Services Corp. Ordinance, the Representation of the People (Third Amendment) Ordinance, the Decoration (Second Amendment) Ordinance, the Prime Minister's Pension Ordinance, the Pakistan Broadcasting Corp. (Second Amendment) Ordinance, the tribunal of Disadvantaged Persons Ordinance, the Pakistan Standards Institution (Certification Marks) Ordinance, the Cotton Standardisation Ordinance, the Code of Criminal Procedure (Second Amendment) Ordinance and the Pakistan Telecommunication Corp. (Second Amendment) Ordinance.