The bill seeking amendment in article 48 of the constitution in clause- 1) (i) after the words "Prime Minister" the words "or Minister authorized by the cabinet or the Prime Minister" shall be added; and (ii) in the proviso, after the words "Prime Minister" the word "or Minister" shall be inserted; and in clause (4),-(i) for the comma occurring after the word "cabinet" the word "or" shall be substituted and (ii) for the comma and words , a minister or minister of state" the words "or a minister" shall be substituted. The bill also seeking amendment in article 193 of the constitution aimed at lowering the age limit of High Court judges from 46 years to 40 years.
Zahid Hamid Minister for Law and Justice and Climate Change said that under the proposed amendment minister or state minister authorized by the cabinet can advise president instead of prime minister. Committee members belonging to Pakistan People's Party (PPP) Naveed Qamar, Pakistan Tehreek-e-Insaf (PTI) MNAs Ali Muhammad Khan and Arif Alvi and Muttahida Qaumi Movement-Pakistan's S.A Iqbal Qadri have rejected the bill.
About amendment in article 48 of the constitution Naveed Qamar said that there is a difference between prime minister and a minister. He further said that do not go back to Mughal era. Ali Muhammad Khan said that any step towards presidential system of governance is not acceptable and his party would oppose the bill tooth nail.
Qamar and Hamid exchanged harsh words when former said that the amendment in article 193 of the constitution that government wants to appoint any specific person as a judge. "Do you think that we are at such low that we will amend the constitution to appoint any specific person?" Hamid asked. Qamar said that person-specific laws have been made in Pakistan. The parliamentary body was unable to reach consensus and decided to defer it till its next meeting for further deliberations.
The committee also discussed "The Arbitration and Conciliation Bill, 2015", moved by Soroya Asghar, in detail. Hamid informed the meeting that the Ministry has already done a detailed work on provision of a separate bill on Arbitration and Conciliation. Further, the Law Ministry has invited suggestions at its website from the public at large including Bar Councils and Legal Practitioners for up-gradation of Arbitration Act, 1940. As the up-gradation of the said law is under way hence there is no need to consider and approve the titled bill. However, the committee due to non availability of mover deferred the bill till its next meeting.
The committee also discussed "the Constitution (Amendment) Bill, 2017" (Amendment in Article 37) moved by Naeema Kishwer Khan in detail and it was agreed by the committee to defer the said bill till the opinion from the minorities/non-Muslims obtained about the said amendment. The parliamentary body considered "The Legal Practitioners and Bar Council (Amendment Bill, 2017" moved by Saman Sultana Jafri, and decided that the Bill may not be passed by the national assembly. MNAs Iftikhar Ahmad Cheema, Chaudhary Muhammad Ashraf, Muhammad Moeen Wattoo, Syed Ayaz Ali Shah Sherazi, Muhammad Ahmed Tarar, Rajab Ali Khan Baloch, Moulana Muhammad Khan Sherani, Aisha and senior officers from the Ministry of Law and Justice attended the meeting.
Copyright Business Recorder, 2017