ISLAMABAD: The speaker of the National Assembly has a vital role to play in the disqualification of a member of the National Assembly. The role of the National Assembly speaker is defined in Article 63 (2) of the 1973 Constitution and in Rule No 28 of the Rules of Procedure and Conduct of Business in the National Assembly (framed in 2007).
The text of the article reads: “If any question arises whether a member of Majlis-i-Shura (Parliament) has become disqualified from being a member, the Speaker or as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within 30 days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission”.
Rule 28 of the Rules of Business of the National Assembly says: “Whenever the Speaker decides or gives his ruling on the floor of the House or in his office on the file, as the case may be, it shall not be called in question, and that shall be final except on a motion for rescinding it”.
Also Article 69 says: “The validity of any proceedings in the Majlis-e-Shoora (Parliament)] shall not be called in question on the ground of any irregularity of procedure”. Furthermore: “No officer or member of [Majlis-e-Shoora (Parliament)] in whom powers are vested by or under the Constitution for regulating procedure or the conduct of business, or for maintaining order in [Majlis-e-Shoora (Parliament)], shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers”.
If these provisions are read carefully one thing becomes clear. The constitutional provision has the key in the sentence: “… unless he (Speaker) decides that no such question has arisen….”.
This blanket cover was available to the speaker under the Government of India Act of 1935, as well as in the 1956 Constitution of Pakistan. It was included in the 1973 Constitution as well and is also available to the speaker of India’s Lok Sabha.
In Pakistan’s history, there has been a recent case where the acting chief election commissioner refused to accept the nomination papers of a presidential candidate on the grounds that the latter had made derogatory remarks. Acting Chief Election Commissioner (CEC) Justice Mukhtar Junejo rejected the nomination papers of PML-N presidential candidate Justice (retd) Rafiq Tarar while accepting those of six other candidates. Justice Tarar’s candidature was restored after the Supreme Court overturned the acting CEC’s verdict.
Syed Suleman
Published in The Express Tribune, June 4th, 2012.
