‘Presidential decree led to constitutional crisis’

PPP senator says promulgation of ordinance amounts to attack on Constitution, parliament

KARACHI:

Pakistan Peoples Party (PPP) senators Sherry Rehman and Mian Raza Rabbani slammed on Sunday the presidential ordinance promulgated by the Pakistan Tehreek-e-Insaf-led government in a bid to hold the upcoming Senate elections through open ballot, saying that move had led to a "constitutional crisis."

Speaking at a joint press conference, Rabbani claimed the ordinance was based on "mala fide intention."

"This government is playing games with institutions that are functioning in accordance with the Constitution," he censured the incumbent government.

Rabbani called to mind that the federal cabinet had approved a bill to amend the Constitution in October 2020, adding that the same cabinet later approved the decision to file a presidential reference to the Supreme Court, seeking its opinion on Senate polls.

"But now, the cabinet had approved an unconstitutional [presidential] ordinance, [before the SC's advice]," he said, adding that the "Federal cabinet is blind, as it is neither able to read the Constitution, nor act upon it."

He further decried that the PPP, as well as any other party from the opposition, was not consulted before the promulgation of the presidential ordinance.

Then, going on to finding fault with the ordinance, the PPP senator remarked, "The ordinance is applicable now, but will its status remain so if the SC advises against open ballot?" He continued, "If the apex court concludes against open voting after the Senate polls, would the elections be conducted again?"

He termed the promulgation of the ordinance akin to "pressurising the SC and making the Senate elections controversial."

Read: Senator Raza Rabbani proposes intra-institution talks

Maintaining that the ordinance could be challenged in the court, he cited the Election Commission of Pakistan's (ECP's) reply submitted to the SC.

"In its reply, the ECP clearly stated Senate and assembly elections are conducted in accordance with the Constitution and they could not be held without secret ballot unless the Constitution was amended," said Rabbani.

Replying to a question, Rabbani maintained that Articles 279AA, 270B and 270BB of the Constitution decreed that the elections be held in accordance with the Constitution and that the amended Section 122 would be applicable only if the SC found the process of the elections in defiance of the Constitution.

Besides, Rehman questioned why the government had promulgated the ordinance just a month before the Senate polls.

"The ordinance, which has been promulgated overnight, is an attack on the Constitution and parliament," she said, adding that "They [the federal government] are turning the parliament into an ordinance factory."

Stating that the government appeared confused to her, Rehman said, "They first attack the Constitution, then parliament, and now they have resorted to attacking the judiciary."

She then pointed out that while the parliament was empowered to amend the Constitution, the ruling PTI lacked the two-third majority in the lower house to make changes in the Constitution on its own.

"They [the government] have dragged the country into a constitutional crisis," said Rehman. "Instead of debating on the matter in parliament, they simply promulgated the ordinance overnight."

She went on to say that "The ordinance reeks of politics."

"We will challenge this ordinance and expose this government," Rehman added.

 

Published in The Express Tribune, February 8^th, 2021.