NA panel passes bill for open vote

The National Assembly’s Standing Committee on Law and Justice cleared on Thursday the Constitution (Twenty Sixth Amendment) Bill, 2020 , with a majority vote, which aimed at amending the Constitution for holding the Senate elections through open vote.

Six members of the treasury benches voted in favour of the bill, while three members belonging to Pakistan Peoples Party – Syed Naveed Qamar, Nafisa Shah and Syed Hussain Tariq – opposed the move while one member, Aliya Kamran, abstained.

It was stated that the committee chairman Riaz Fatyana will present the report on the bill in the House on Friday (today). Through the bill seeks an end to secret balloting in the Senate elections, the government has proposed amendments to Article 59(2), Article 63(1)C and Article 226 of the Constitution.

According to the bill, after the word “transferable” the word “open” shall be inserted in Article 59(2). In Article 3, clause (1), paragraph C, the words “or acquires the citizenship of a foreign State”, the words “or in case of dual citizenship does not provide as a conclusive proof the certificate of renunciation of citizenship of a foreign State before taking oath,” would be substituted.

In Article 226, it is proposed that after the words “of the”, the expression “Senate, the” shall be inserted. During the meeting, the PPP lawmakers while opposing the bill alleged that the committee chairman did not allow them to speak and “bulldozed” the bill.

Qamar, who attended the meeting through video link, said that it was not just about changing a few words of the Constitution but changing the whole process, adding it was still unclear how the votes would actually be cast; by show of hand or writing behind the vote or through voice vote.

Nafisa Shah, who was present in the meeting, strongly opposed the way the bill was passed by the committee, saying that no input was taken from the Election Commission of Pakistan and the provinces. Tariq and Aliya, participating via video link also complained that the chair did not provide them the chance to speak on specific amendments before going for vote.

PTI’s Fatyana, however, told the lawmakers that they were given chance to speak and they should have expressed their view when they were given the opportunity. PTI’s Sanaullah Khan Masti Khel said that it was “good-intention bill” and no one was bulldozing it, adding that it will now be taken to the National Assembly.

Following the meeting, PML-N members – Khawaja Saad Rafique and Usman Ibrahim – shared a dissenting notes that state that the proposed amendments were opposed and shall be omitted.

After the last cabinet meeting, the Information Minister Shibli Faraz had also said that a constitutional amendment bill to make the upper house elections transparent was already in the National Assembly.

The minister had said that the government could go for the constitutional amendment and expose those who oppose the open vote. “Who can differ with organising a transparent voting system; we need to come out of this debate that votes were bought,” he had said.

Earlier, in October 2020, the government had presented the bill – The Election (Amendment) Act, 2020 – which proposed a larger set of electoral reforms. The statement of objects and reasons for both the bills is identical.

In the statement, Prime Minister’s Adviser on Parliamentary Affairs Babar Awan stated that transparent Senate elections without manipulation and grant of voting rights to the overseas Pakistanis were the longstanding demands of almost all the political parties, including the PTI.

Awan stated that the cabinet constituted a committee to formulate recommendations regarding electoral reforms. Based on the recommendations, he stated, the cabinet approved an electoral reforms package consisting of the Constitution (twenty-sixth amendment) Bill, and the Elections (Amendment) Bill, 2020.

“These bills broadly cover the Senate elections, women and minorities reserved seats, delimitation of constituencies on the basis of enrolled voters instead of population, voting rights to overseas Pakistanis and conditional participation of dual nationals in elections,” the statement read.