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Tuesday April 23, 2024

Parliamentarians show unity, end constitutional crisis

By Asim Yasin
November 17, 2017
ISLAMABAD: The National Assembly Thursday passed the Constitutional Amendment Bill 2017 paving way for delimitation of electoral constituencies on the basis of provisional results of population census by a thumping majority of 242 votes.
The passage of bill removed the last of obstacles in the holding of 2018 general elections. Jamshed Dasti was the only member who voted against the bill moved by Law Minister Zahid Hamid. Two hundred and forty-two (242) votes were polled in favour of the amendment that required 228 votes to sail through the Lower House of Parliament.
The House rejected Jamshed Dasti’s amendment to the bill by majority vote, while another amendment was withdrawn by Dr Arif Alvi of the PTI. Lal Chand Malhi’s amendment to the bill was not taken up due to absence of the lawmaker, while Speaker Sardar Ayaz Sadiq did not allow an amendment proposed by the PPPP lawmaker Dr Nafisa Shah on the ground that she had not given notice of moving amendment to the bill.
Though the constitutional amendment was passed by majority vote of 242, the bill passage could not have been possible without the opposition’s help, as the ruling PML-N seemed short of its around 50 to 55 members in the House. After passage from the National Assembly, the bill is expected to be taken up in the Senate today (Friday) as its session has been summoned. Surprisingly, JUI-F chief Fazlur Rehman, PPP leader and Leader of Opposition in the National Assembly Syed Khursheed Shah, PTI Chairman Imran Khan and Ayaz Pirzada were not present in the House.
Awami Muslim League chief Sheikh Rashid Ahmed came to the house but left without casting vote. According to the Statement of Objects and Reasons of the bill for the constitutional amendment, Article 51 (5) of the Constitution provided that seats in the National Assembly shall be allocated to each province, the Federally Administrated Tribal Areas and the Federal Capital Territory on the basis of population in accordance with the last census.
It stated that there was consensus among the political parties that for the purpose of next general elections to be held in 2018 and by-elections thereafter, allocation of National Assembly seats should be made on the basis of provisional results of population census of 2017 without changing the existing total number of general seats (272) and women seats (60) and retaining the share of Federally Administrated Tribal Areas (12). According to the proposed reallocations seats will increase for Balochistan (2 general seats + 1 woman seat), Khyber Pakhtunkhwa (4 general seats + 1) and federal JERUSALEM: Israel´s Capital Territory (1+0), seats for the Punjab will decrease (7 general seats and two women) while these will remain the same for Sindh.
Earlier, speaking in the National Assembly, PTI leader Shah Mahmood Qureshi said his party had attempted to dispel the MQM and PPP's reservations about the bill and though the latter had agreed, the former had yet to reach consensus with other parliamentary leaders.
He said since it was a constitutional amendment, it was necessary for all parties to agree.
MQM's Farooq Sattar appreciated the PPP's agreement with the suggestion that a third party audit be conducted of one per cent of the population blocks, but suggested that an audit of 10pc of the blocks would be the wiser course of action.
Prior to the National Assembly session, a meeting of the parliamentary leaders was held, which was chaired by NA Speaker Ayaz Sadiq.
The meeting decided that all the parties were in unison on the delimitation bill.
However, the Muttahida Qaumi Movement-Pakistan (MQM-P) shared some reservations about the bill.
Railways Minister Khawaja Saad Rafique suggested resolving their reservations. Another session of Council of Common Interest (CCI) can be summoned.
Earlier, the House passed an amendment to Elections Bill 2017 with consensus.
The amendment pertains to restoring the Khatam-e-Nabuwat (finality of Prophethood) clause to its original form.
Law Minister Zahid Hamid moved the bill seeking to incorporate and reaffirm provisions of Articles 7-B and 7-C of the Conduced of General Elections Order, 2002 through addition of a new section 48-A in the Election Act, 2017.
The Elections (Amendment) Bill 2017 restored status of Qadiani and Lahori Groups to what it is in the Constitution of Pakistan. Speaking on the occasion, the minister said the status of Qadiani or Lahori Group will continue as non-Muslims.
He said if a person gets himself or herself enrolled as Muslim in the voters' list, any other person can challenge this before the revising authority.
“He or she is required to sign the declaration of finality of the Prophethood,” he said.
The minister said if the person in question refuses to sign that declaration, then they shall be deemed as non-Muslim and their vote will be expunged from the list for Muslim voters and be included in the non-Muslim list.
He said his only concern was to remove the 10-day limit to submit the declaration of Khatam-e-Nubuwat, adding that the bill restored the clause to its original form.
He said the declaration has been made part of the Election Act.
The minister said that before 2002 general elections, seats were increased and joint electorate were approved. “I firmly believe in Khatam-e-Nabuwat and can’t even think against it,” he cleared, stressing that he was wrongly quoted in the matter.
He said he had to issue a video message for his constituency. “I and my family are ready to sacrifice our lives for the sanctity of Prophet Muhammad (PBUH).”
However, Interior Minister Ahsan Iqbal said there is no need to give clarification as no one has a right to decide about the faith of anyone as this is left only to the Almighty Allah.
“Every Muslim has a firm belief on the finality of the Prophethood,” he said.
While Zahid Hamid was clarifying his stance, Sheikh Rasheed objected on a point of order and said, “We have not asked Law Minister Zahid Hamid to clarify the matter.”
He demanded that name of those who were responsible for the mistake be exposed, adding that no compromise can be made in the matter.
He said recommendations of the committee chaired by Raja Zafar-ul-Haq should be put forward in the assembly.
The bill mentions: “Status of Quadiani Group or the Lahori Group (who called themselves “Ahmedi’ or by any other name) or a person who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad (Peace be upon him), the last of the prophets, or claimed or claims to be a prophet, in any sense of the word or by any description whatsoever, after Hazrat Muahammad (SAW) or recognises such a claimant as a prophet or religious reformer shall remain the same as provided in the constitution of Islamic republic of Pakistan, 1973.” It says, “If a person has got himself enrolled as a voter and objection is filed before Revising Authority notified under this act that such a voter is not a Muslim, the Revising Authority shall issue a notice to him to appear before it within 15 days and require him to sign a declaration reproduced below regarding his belief about the absolute and unqualified finality of the Prophethood of Hazrat Muhammad (SAW).
In case he refuses to sign the declaration as aforesaid, he shall be deemed to be a non-Muslim and his name shall be deleted from the joint electoral rolls and added to supplementary list of voters in the same electoral area as non-Muslim. In case the voter does not turn up in spite of services of notice, an ex-parte order may be passed against him.”