Senate of Pakistan abolish 58-2(b) from constitution
By Kaswar Klasra, Gaea News NetworkThursday, April 15, 2010
ISLAMABAD: Senate of Pakistan on Thursday unanimously abolished 58-2(b) from the constitution of country.
After abolishing of 58-2(b) from the constitution, Pakistan’s President will not have authority to dissolve parliament any more. Now, the President will have the authorities bestowed upon him by the constitution of 1973. All the rest of the authorities will go to the Prime Minister. For declaring emergency, a unanimous resolution of national and provincial assemblies will be a must. The President will be able to dissolve assemblies on the recommendation of the Prime Minister. The appointments of the Chiefs of army, air force and navy, Chairman Joint Chiefs of Staff Committee and Governor will be done on the advice of the PM. The PM will appoint the Chief election commissioner after consultation with the opposition leader.
On 31st March 2010 Parliamentary Committee for Constitutional reforms reached a consensus and signed the historical document of the draft bill of 18th amendment .The Committee comprising of 27 members was constituted last year for freeing the constitution from impediments of certain dictators. All the parties discussed on 278 articles of the constitution.
This committee proposed almost 100 amendments during nine months and ten days. The President Asif Ali Zardari had asked the Speaker National Assembly Dr Fehmida Mirza to set up such a committee in March of last year during a joint parliamentary session and a 27 member committee was established on 23 June of 2009.The task assigned to it was to undergo a thorough probe of the constitution, abolish the 17th amendment and strike a balance between the authorities of the Prime Minister and the President.
All the leaders of important parties except JUI Chief Maulana Fazlur Rehman and Anp Chief Asfandyar Wali Khan were present in the meeting when the document was signed.
According to the amended constitution 17th amendment will be abolished. 58-2(b) will be done away with. The President will have the authorities bestowed upon him by the constitution of 1973.
All the rest of the authorities will go to the Prime Minister. For declaring emergency, a unanimous resolution of national and provincial assemblies will be a must. The President will be able to dissolve assemblies on the recommendation of the Prime Minister. The appointments of the Chiefs of army, air force and navy, Chairman Joint Chiefs of Staff Committee and Governor will be done on the advice of the PM. The PM will appoint the Chief election commissioner after consultation with the opposition leader.
For ensuring the provincial autonomy it is decided that 25 ministries will be handed over to provinces .It is also decided that high court will be established in Islamabad. The provision of ban on thrice becoming the PM or Chief Minister is also wiped away. In order to maintain the sanctity of the constitution it is decided that whosoever will fiddle with it, he will be subjected to disciplinary action under article 6. The working days of the Senate are now increased to 110 from 90. The minorities will be also given representation in the Senate. One seat will be reserved for them. The Chief Ministers are now restricted not to appoint more than 5 advisers with them. The working days of the provincial assemblies are increased from 70 to 10. Similarly many other amendments are also presented.
Now the amended document was passed by the National Assembly and during recent session. The regular discussions will be held as per rules and hopefully both the houses will approve this draft.
It was feared that consensus on 18th amendment will be rather difficult, however, National Assembly passed it unanimously.