Parliamentary harmony
Governance should not be all sail and no anchor
Democracy is by discussion. Both the government and the opposition have decided to follow this important dictum. They have reached an agreement to pursue legislation on important matters with consensus. After the agreement, the opposition has announced that it is withdrawing its no-confidence motion against the Deputy Speaker of the National Assembly, Qasim Khan Suri. The opposition had submitted the motion last week, alleging that the deputy speaker did not listen to their protest as the government passed 11 ordinances without holding a debate. Minister for Parliamentary Affairs Azam Swati has said the bills that were passed on Nov 7 would be presented in parliament again for debate and the proper procedure for legislation would be followed.
Of course, the Constitution allows laws to be promulgated through ordinances. However, in terms of Article 89 of the Constitution, this can only be done when the National Assembly is not in session and the president is satisfied that circumstances exist that render it necessary to take immediate action. Hence the need for ordinance. Why did the PTI-led government resorted to promulgation of laws through ordinances? According to reports, between August 2018 and August 219 laws promulgated through ordinances equal the number of legislations done by the proper process of debates in the National Assembly and the Senate. Probably it was because the PTI does not command a majority in the Senate. So constrained by its minority position in the Upper House, the government resorted to ordinances. This constraint cannot be interpreted as sign of an authoritarian tendency on the part of the government. However, in any case governance by ordinance under a democratic dispensation is indefensible.
The opposition needs to be congratulated for its efforts towards running the affairs of the state in accordance with the provisions of the Constitution. In democracy, there are certain checks and balances to keep various organs of the state functioning in accordance with the law. The people elect their representatives to enact laws that make life comfortable for all. Governance should not be all sail and no anchor.
Published in The Express Tribune, November 16th, 2019.
Of course, the Constitution allows laws to be promulgated through ordinances. However, in terms of Article 89 of the Constitution, this can only be done when the National Assembly is not in session and the president is satisfied that circumstances exist that render it necessary to take immediate action. Hence the need for ordinance. Why did the PTI-led government resorted to promulgation of laws through ordinances? According to reports, between August 2018 and August 219 laws promulgated through ordinances equal the number of legislations done by the proper process of debates in the National Assembly and the Senate. Probably it was because the PTI does not command a majority in the Senate. So constrained by its minority position in the Upper House, the government resorted to ordinances. This constraint cannot be interpreted as sign of an authoritarian tendency on the part of the government. However, in any case governance by ordinance under a democratic dispensation is indefensible.
The opposition needs to be congratulated for its efforts towards running the affairs of the state in accordance with the provisions of the Constitution. In democracy, there are certain checks and balances to keep various organs of the state functioning in accordance with the law. The people elect their representatives to enact laws that make life comfortable for all. Governance should not be all sail and no anchor.
Published in The Express Tribune, November 16th, 2019.