Re: Your views on 18th Amendment Bill?
does anyone know the significance of the repeal of the 6h and 7th schedule
here are the notes of reiteration ..which was a measure to ensure consensus.
11 ‘notes of reiteration’ in 18th Amend Bill
http://dailytimes.com.pk/default.asp?page=2010\04\03\story_3-4-2010_pg7_25
By Tahir Niaz
ISLAMABAD: Various political parties with representation in the parliamentary committee on constitutional reforms have submitted a total of 11 notes to reiterate their stated position on issues that remained contentious despite thorough deliberations.
In a bid to facilitate the development of a consensus agreed, the parties, however, have agreed not to oppose committee decisions.
Some of the parties, in their ‘notes of reiteration’, have expressed identical points of view on a number of issues that were not accommodated in the proposed 18th Amendment. The issues include the renaming of NWFP, holding the cabinet responsible for both Houses of parliament and the concurrent list. The PML-Q, at meetings of the committee, said the procedure defined in the constitution for the creation of a new province was “cumbersome”. The party said the procedure should be changed to allow parliament to change the boundaries and name of a province in a “more simpler and expeditious manner”.
The PML-Q’s ‘note of reiteration’ also proposes that NWFP be named as the “Province of Sarhad”. It claims the PML-Q was not involved in the discussion between the PML-N and the ANP on the renaming of NWFP. It says the final name agreed on “does not reflect the aspirations of all segments of society in NWFP, and is not acceptable to the PML-Q”.
The PML-Q says that the omission of the concurrent would lead to “innumerable problems” and overburden the Council of Common Interests, which would “become a government within the government”. The party also asked the committee to curtail the right of a person to contest general elections from several seats. The former ruling party has also said that the cabinet should be held responsible for both the Houses of Parliament to give confidence to all the provinces. However, all of the party’s suggestions were turned down by the committee. Meanwhile, the ANP wanted Article 246 and Article 247 – which deals with FATA and PATA – to be omitted to allow the integration of the regions into the mainstream, pave the way for legislation by parliament and allow them to be governed under regular laws of the land.
In its ‘note of reiteration’, the party vowed to continue struggling until “this goal is achieved”. The ANP also wanted to amend Article 73 to make the Senate’s approval for money bills mandatory. The ANP had also proposed an amendment to Article 41, according to which “the president shall be elected on rotational basis from all federating units of the country, beginning from the numerically smaller federating units”. The party had proposed the withdrawal of the condition of being Muslim to qualify for election as the president of Pakistan. However, the ANP failed to convince the committee over its proposals.
The MQM had asked the constitutional reforms committee to devolve the Federal Legislative List Part I to the lowest level of the government. The MQM also wanted all ports to be handed over to provinces. The party also sought seats for overseas Pakistanis in the Lower House as well as in four provincial legislatures through amendments to Article 51 and 106, but the proposal was turned down.
The JI had said that the president be barred from exercising powers to grant pardon, reprieve and respite, and remit, suspend or commute any sentence passed by any court, tribunal or other authority, or at least in cases of punishments handed out under hudood or qisas, but the suggestion was not given weight.
About reserved seats for non-Muslims in the Senate, the JI said non-Muslims were equal citizens and should be elected on general, technocrat or women’s seats. It also objected to the promulgation of ordinances, saying it was a legacy of colonial rule, but could not attract the attention of other committee members. The religio-political party had also said that the cabinet, governors and ministers of states should be collectively responsible to the National Assembly and the Senate and the Prime Minister and the cabinet must be responsible to the Senate. It had further suggested that the Senate have equal role in the election of the prime minister and the government be responsible to both Houses of parliament. The party had further suggested that all international treaties, agreements and conventions be ratified by both Houses of parliament or at least by the Senate.
It had also proposed that no person be given in foreign custody from Pakistani soil without the permission of the high court of the province. However, the committee dropped all the recommendations.
The Jamhoori Watan Party, the Balochistan National Party-Awami and the National Party jointly proposed that the constitutional reforms committee declare Balochi, Sindhi, Pushto, Punjabi and Seraiki national languages. These parties had also recommended that money bills, including the finance bill, be approved by the Senate.
The BNP-Awami had suggested that the federation hand over all departments to provinces, except for defence, currency, communication and foreign affairs, but the suggestion was turned down.
The Pashtoonkhawah Milli Awami Party had suggested the creation of two more provinces in the country. It sought an amendment in Clause 2 of Article 1 to make Balochistan, Pashtoonkhawah, Pashtoonkhwa Southern, Punjab, Sindh and Saraikistan the federating units of the country. The party also suggested the majority in both Houses of parliament elect the leader of the Houses and the president ask him/her to be the prime minister and form a federal government. It also suggested that the cabinet, together with ministers of state, be collectively responsible to both Houses of Parliament instead of the National Assembly alone. It also suggested that appointments of ambassadors to foreign services and appointments of chairpersons to corporations be subject to the approval of the Senate.
The party also suggested an amendment to Article 247 of the constitution, saying the PATA, as enumerated in Article 246, be merged into the respective contiguous federating unit. It also called for FATA to be renamed as Pashtoonkhawah (central).
The party had further suggested that Punjabi, Sindhi, Balochi and Pashto be declared national languages and Urdu be the lingua franca.
The PML-N – after a deadlock towards the completion of the task assigned to the committee on the judges’ appointment – succeeded in convincing the committee that the seventh member of the judicial commission would be a former chief justice or a former judge of the Supreme Court, to be nominated by the chief justice in consultation with the two member judges. Earlier, the committee was of the view that the chief justice would nominate the seventh member of the commission. Consequently, the PML-N modified its note of reiteration dated March 24. The PPP-Sherpao proposed that NWFP be renamed as ‘Pukhtunkhawah’. The JUI-F had demanded a committee for “Islamic legislation”. It had also expressed dissatisfaction over the scope of provincial autonomy. The party had suggested that the federation hand over all departments to the provinces except defence, currency, communication and foreign affairs. It also sought the appointment of judges in line with the spirit of the Charter of Democracy, but the suggestions were turned down.
