Copyright pakobserver
IT is now officially confirmed that the government has active plans to introduce the Constitution’s 27th Amendment with Deputy Prime Minister Ishaq Dar telling the Senate that it will be presented in the parliament ‘soon’ but only after thorough consultations with coalition partners. According to him, two major political parties of the country – the PML(N) and the PPP – have already reached a consensus and now other allies including MQM, ANP, IPP and BAP would be brought on board. The amendment has remained a subject of heated discussions for months but still there is no authentic version of the draft bill available for public scrutiny and all arguments are based on hearsay. There is no denying the fact that the Constitution itself allows the parliament to carry out amendments with two-third majority but the sponsors must not do it on the basis of the brute majority but logic, reasoning and genuine public interest. And this objective can be achieved by allowing thorough debate on the amendments both in the National Assembly and the Senate and detailed scrutiny of every clause of the bill by the relevant standing committees. Amendments must not be rushed through the parliament as people witnessed in the past and reasonable input of both the treasury and the opposition members must be incorporated in the final versions to make it acceptable for a majority of the people. Genuine amendments in line with the dictates of the time are always welcome but the Constitution should not be tinkered for the sake of transitory gains or political expediency, otherwise people will lose faith in the sacred documents. The opposition as well as the legal community has expressed apprehensions that the impending draft amendments could undermine the very foundations of the constitutional order, reversing the principles of provincial autonomy, parliamentary supremacy and judicial independence. These concerns were highlighted by PTI’s Ali Zafar, who said the proposed amendment would undermine judicial independence through the creation of constitutional courts, tamper with presidential powers and appointments relating to the defence forces under Article 243, alter the provincial share in the NFC Award by removing the constitutional minimum, and give devolved functions such as education, health and population planning back under federal control. That the bill will have a bearing on the 18th Constitutional Amendment is evident from the remarks of Advisor to Prime Minister on Political Affairs Rana Sanaullah, who claimed that the PML(N) had no issue with the 18th Amendment, which defines the distribution of resources between the federation and the provinces but added there was a need for a better balance in financial allocations. He contended that after paying off defence expenses and loans, the federation had nothing left and therefore, there was a need for an equitable resource sharing to ensure fiscal stability across Pakistan. Of course, strength of the federation is important but attempts to undo or review the 18th Amendment could create misunderstanding between the federation and the provinces if this was done in a unilateral manner. Already, there is an impression that the 18th Amendment has not been implemented in letter and spirit as confirmed by the existence of ministries and departments at the federal level that fell in the jurisdiction of the federating units. Apprehensions of the opposition and the provinces can be addressed satisfactorily and a way out found provided the draft is debated minutely and made acceptable with the inclusion of relevant input from different stakeholders. Minister for Information and Broadcasting Attaullah Tarar has also confirmed that consultations were continuing on the proposed 27th Amendment and that the country was moving from the Constitutional Bench to the Constitutional Court. The nature of the amendment will show whether or not the new scheme of things will suit interests of the country.
