Army, secrets bills turned into law as ‘no objection received from President Alvi’

Caretaker Law Minister Ahmad Irfan Aslam on Sunday clarified that the Official Secrets (Amendment) Bill, 2023, and the Pakistan Army (Amendment) Bill, 2023 were not received from the Aiwan-e-Sadr (President's House).

Earlier today, President Arif Alvi made a startling revelation denying signing the two important bills, claiming that his staff "undermined" his orders.

Taking to X, formerly known as Twitter, the president wrote: “I asked my staff to return the bills unsigned within the stipulated time to make them ineffective. I confirmed from them many times that whether they have been returned & was assured that they were.”

“As God is my witness, I did not sign Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023 as I disagreed with these laws.”

Addressing a press conference, the law minister said: “The president thought he returned the bills.” The amendment bills, in fact, were not received by the law ministry from the president, he said. “A bill will become law, in case it is not signed by the president within 10 days as it will be deemed to have been granted his assent.”

According to Article 75 (1) of the Constitution, when a bill is presented to the president for his assent, he has 10 days to approve the bill or return the bill with his observation to the Ministry of Law and Justice.

The joint session of parliament, after deliberation, can resent the bill to the president for his ascent.

If the head of the state does not give his assent to a joint sitting of the parliament-approved bill within 10 days, it is deemed to have been granted.

Giving details, the law minister said that Pakistan Army (Amendment) Bill, 2023 was approved by the Senate and the National Assembly, adding that it was received by the president on August 2, while the Official Secrets (Amendment) Bill, 2023, was received by the Aiwan-e-Sadr on August 8.

“Under Article 75, the president has two options — approve the bill or return it with written objections — there is no third option.”

He added that the president could have used his powers over the bills sent by parliament but neither he signed the bills nor returned with observations.

“How will the president's objection be known if the bills are not received from the Aiwan-e-Sadr,” asked the law minister.

It would be better if the president’s personal staff explain their position on the matter, he added.

‘Article 75 does not provide for any third option’

Earlier today, the Ministry of Law and Justice has noted with grave concern the president’s recent tweet.

In a statement, a spokesperson of the ministry said that as per Article 75 of the Constitution, when a bill is sent for assent, the president has two options: either give assent, or refer the matter to the parliament with specific observations.

Article 75 does not provide for any third option, the spokesperson added.

“In the instant matter, neither of the requirements was fulfilled. Instead, the president purposely delayed the assent.”

Returning the bills without any observations or assent is not provided for in the Constitution, the spokesperson said, adding that such a course of action is against the letter and spirit of the Constitution.

“If the President had any observations, he could have returned the bills with his observations like he did in the recent and distant past. He could have also issued a press release to that effect,” read the statement.

The spokesperson said that it is a matter of concern that the president has chosen to discredit his own officials, adding that the president should take responsibility for his own actions.