President’s power to dissolve NA must go: committee

Wednesday, January 6, 2010 at 8:01 PM
The committee, which met under Senator Raza Rabbani, reviewed articles of the Constitution (222 to 226) relating to the electoral process.—File photo by APP

ISLAMABAD: The parliamentary committee on constitutional reforms continued on Wednesday to chip away at the president’s discretionary powers and agreed to bind the president and governors to consult public office holders before appointing caretaker governments.

The committee, which met under Senator Raza Rabbani at the Parliament House here, reviewed articles of the Constitution (222 to 226) relating to the electoral process, sources told Dawn.

On Tuesday, the committee had agreed to abolish the presidential powers to appoint chief election commissioner (CEC), besides extending the CEC’s term from three to five years.

Article 224(1) states: “Provided that on dissolution of an assembly on completion of its term, the president, in his discretion, or, as the case may be, the governor, in his discretion but with the previous approval of the president, shall appoint a caretaker cabinet.”

The sources said that the committee members had agreed that in future the president would have to consult the prime minister and the leader of the opposition before appointing a caretaker government on completion of the assembly’s term.

In case of dissolution of the assembly, the advice of the prime minister will be mandatory. Similarly, the governors will have to consult the chief ministers and leaders of opposition in respective provincial assemblies before appointing a caretaker set-up in the province.

Former president Ziaul Haq had amended the constitution in 1985 to empower the head of state to dissolve the National Assembly. Governors got powers to dissolve provincial assemblies.

It was removed through the 13th Amendment in 1997. The clause was re-introduced by Gen Pervez Musharraf through the 17th Amendment in 2003.

According to the 1973 Constitution, the president or the governors could not dissolve assemblies before the completion of their five-year term and only the prime minister or the chief minister of a province could advise the president or the governor to dissolve the assembly before time.

The parliamentary committee had already agreed to abolish Article 58-2(B) from the Constitution.

The committee will meet again on Thursday morning to review the articles dealing with Islamic provisions.

It is also expected to discuss articles relating to the proclamation of emergency and suspension of fundamental rights.
Tags: onstitutional reforms committee,Raza Rabbani

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