LAHORE:
The Constitution of Pakistan also known as the 1973 Constitution is based on parliamentary democracy with all executive powers vested in the Prime Minister and his cabinet. The President of Pakistan is a ceremonial office who as per Article 48 of the Constitution “shall act per the advice of the Cabinet”. Under Article 45, he has the power “to grant pardon, reprieve and respite, and to remit, suspend any sentence passed by any court, tribunal or other authority”.
Once elected, the Speaker of an assembly (National or Provincial) should act as a custodian of the house, and not follow party directives. He or she must only follow the Constitution. The President is expected to be the symbol of the federation and rise above his political party affiliations in fulfilling his Constitutional obligations.
The letter and spirit of the Constitution must be followed and should be upheld by all constitutional office holders. Therefore, I fail to understand why the President exercised his power to send legislation for reconsideration when he should have given his consent. In a parliamentary democracy, the president and other office holders are expected to fulfil their duties in an impartial manner irrespective of the policies followed by their political party, or their own political opinions and ambitions. Similarly, the governors must uphold the Constitution per their duties and must ensure that rules are followed for the issuance of ordinances.