Amendment empowering Musharraf made part of Constitution
ISLAMABAD : President General Pervez Musharraf Wednesday assent the 17th Amendment Bill thus making it part of the 1973 Constitution although Pakistan Peoples Party of Benazir Bhutto and Pakistan Muslim League of Nawaz Sharif declared the same as extra-constitutional measure.
Pakistani Parliament, National Assembly and Senate approved the Bill on Monday and Tuesday with 2-3rd majority of both the Houses of 342 and 100 respectively. The Bill gave extraordinary powers to President Musharraf who is expected to seek vote of confidence Thursday, has summoned the NA Session whereas the Senate is also meeting on the same. The provincial assemblies are also meeting on January 1st.
The sole purpose of these parliamentary sessions is vote of confidence in favour of General Pervez Musharraf as head of the state.
“President Musharraf after seeking the vote of confidence would address the joint parliamentary session on dates suits to him,” Prime Minister Mir Zafar Ullah Khan Jamali said.
Under the agreement, Musharraf was forced to scale back somewhat the extraordinary powers he'd decreed himself in 2002. He must now consult the prime minister before sacking him, and he must seek approval from the Supreme Court within 15 days of taking such action.
The bill ended a yearlong stalemate that had paralyzed Parliament. Opposition legislators — led by the MMA — had blocked most debate since late 2002, shouting down speakers, banging on their desks and holding walkouts.
Four-day after a sudden deal between the government and a virulently anti-American Islamic political bloc—MMA, the constitutional crises in Pakistan ended with the signatures of President Musharraf on the bill approved by the parliament.
According to the analysts, PPP-P and PML (N) are practically left the only opposition in the parliament. However, the MMA leaders have also announced to keep sitting on the opposition benches and are expected to also hold the portfolio of Leader of the Opposition.
Meanwhile, Mutahida Majlas-e-Aamal—an alliance of six religio-political parties had announced to do not take part in the vote of confidence to President Musharraf “our legislators would not use their right to vote and would remain impartial during the counting,” Qazi Hussein Ahmed, Acting President of MMA said.
The deal, according to the government officials, is an important step on the path back to democratic rule after Musharraf ousted a civilian government in a 1999 coup. Critics insist the deal, which amends the constitution to give the General the power to sack the prime minister and disband parliament by decree of the higher judiciary in Pakistan.
The ARD rejected the bill saying that constitutional procedure was not adopted for the passage of the Bill in both the houses of the parliament. “This is just an amendment in the Legal Framework Order and not in the constitution of 1973,” Amin Fahim told a news conference here Tuesday. Fahim, the chairman of ARD and President PPPP said that they would continue playing role as the opposition in the parliament and would resist the extra constitutional acts. “We will remove this LFO from the constitution whenever we sought two-third majority in the parliament,” Ch. Nisar, Acting President PML (N) said.
Under the agreement with the Mutahida Majlis-e-Amal, or MMA, Musharraf has until Dec. 31, 2004 to leave the army post, the main base of his power. He will remain on as president until his 5-year term expires in 2007.
The government would like the matter resolved ahead of a key regional summit to be held in Islamabad starting on Sunday. The summit will bring together the leaders of seven South Asian nations, including India. It is seen as an historic opportunity for Pakistan and India to cement recent peace overtures.
The general has become a key ally in the U.S. war on terrorism, backing American military action in neighboring Afghanistan and arresting more than 500 al-Qaida suspects in Pakistan.
The constitutional crises ended in Pakistan ahead on the heels of two separate assassination attempts against the 60-year-old General Musharraf. The terrorists attempted on his life twice in December, 2003 when he was traveling to his house in Rawalpindi.
The National Security Council has been omitted from the Bill and would be materialized under the Act of Parliament. Under this act a bill would be moved in the parliament and on its approval with 2-3rd majority from the NA and the Senate, NSC could be formulated for determined period under the parliament.
Articles 179 and 195 of the Constitution have been revised restoring retirement age of judges of the superior courts. The superannuation age of a judge of the Supreme Court will be 65 years and that of the High Court 62 years.
Clause 10 of the Bill that seeks to validate Constitutional amendments through the Legal Framework Order and all laws made and actions taken since 12th of October, 1999 has also been amended. The amendment to Article 270AA says that these amendments, laws and actions having been duly made are accordingly affirmed, adopted and declared to have been validly made by the competent authority.
The 17th Amendment Bill, through an amendment in Article 41 of the Constitution, provides for a vote of confidence in the incumbent President by the Parliament and provincial assemblies and authorises the federal government to frame rules and procedure for the purpose.
An amendment in Article 58 of the Constitution envisages that in case of the dissolution of the National Assembly, the President shall refer the matter to the Supreme Court within fifteen days of the dissolution. The Court shall decide the reference within thirty days and its decision shall be final.
A similar amendment has been made in Article 112 of the Constitution that deals with dissolution of a provincial assembly by a Governor. The Governor is also required to refer the dissolution to the Supreme Court with previous approval of the President. The Court shall decide the reference within 30 days and its decision shall be final.
Under an amendment to Article 243 of the Constitution, the President would appoint Services Chiefs in consultation with the Prime Minister. Previously, their appointment was at the discretion of the President.
An amendment in clause (2) of Article 268 seeks to omit entries 27 to 30 and entry 35 in the Sixth Schedule after six years.