Govt defends enactment of two key bills

Law minister questions why Alvi did not object to bills within 10-day timeframe

ISLAMABAD:

The caretaker government on Sunday defended the enactment of the Official Secrets (Amendment) Bill, and the Pakistan Army (Amendment) Bill, saying that the bills became the law on maturity of the 10-day period for presidential assent.

Caretaker Law Minister Ahmad Irfan Aslam spoke at a joint news conference with Caretaker Information Minister Murtaza Solangi, shortly after President Arif Alvi denied that he assented to the two important pieces of legislation.

“The president had the option to raise objections to the bills within the stipulated timeframe but he chose not to, leading to the automatic enactment of the bills into law,” Aslam told the news conference.

He stated that the Pakistan Army (Amendment) Bill was received by the Presidency on Aug 2, while the Official Secrets (Amendment) Bill reached the president on Aug 8.

“The president had only two choices [after receiving the bills]: approve the bills or send them back with objections. No third option exists, and if the bills are not returned, they become law automatically after 10 days,” he added.

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However, Aslam pointed out that there was no instance where a bill was returned without objections or reconsideration. “The 10-day period serves the purpose of avoiding any constitutional crisis,” he added.

The law minister underlined that the caretaker government had no political agenda in this matter. "We have no political affiliations, and we will stay clear of political discussions," he stated.

The news conference came as the law ministry issued a statement, expressing “grave concern” over Alvi's recent tweet in which he distanced himself from the two bills, saying that he did not give his assent to them.

"As God is my witness, I did not sign the Official Secrets Amendment Bill 2023 & Pakistan Army Amendment Bill 2023 as I disagreed with these laws," Alvi tweeted on the microblogging website X.

"I asked my staff to return the bills unsigned within the stipulated time to make them ineffective,” he added. “I confirmed from them many times whether they have been returned and was assured that they were.”

The law ministry said in its statement that the president should "take responsibility for his own actions", adding that returning the bills without any observation or assent was not an option provided in the Constitution.

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"As per Article 75 of the Constitution, when a Bill is sent for assent, the President has two options: either give assent, or refer the matter to parliament with specific observations,” the statement said.

“Article 75 does not provide for any third option. In the instant matter, neither of the requirements were fulfilled. Instead, the President purposely delayed the assent … [which] is against the letter and spirit of the Constitution,” it added.

It said that the president could have returned the bills with his observations or he could issue a statement, but instead the president had “chosen to discredit” his own officials. “The President should take responsibility for his own actions.”

To a question at the news conference, Law Minister Aslam also said that it would be inappropriate for the president's staff to comment on this issue publicly.

On the occasion, Information Minister Solangi stated that there was no ambiguity regarding the matter, as the government had provided a comprehensive clarification through the statement and the news conference.

Solangi stressed that the president had the constitutional immunity and if someone tried to create legal or constitutional ambiguity, the caretaker government would respond to it within the constitutional limits.

“There can be no investigation of any kind against the president during the presidency. The president is the head of the state and he is highly respected,” the minister told the reporters.

The minister stressed that the caretaker government's effort to remove ambiguity could not be given any political colour. “We will definitely not do anything that is against the Constitution and the law,” he added.

The minister said that he would not delve into assumptions but speak the facts. “If an attempt is made to create any kind of ambiguity, we will try to answer it within the scope of the Constitution and law,” he emphasised.

The minister also said that there was no loophole in the government system, adding that the present caretaker government had been established under the constitutional provision.

To a question, he said that nobody would seize the records of the Presidency. He refused to offer comments about the president’s staff.

“We cannot give them [president’s staff] any advice. We do not have that authority.”

The Pakistan Army (Amendment) Bill, 2023, was passed by the Senate on July 27 and the National Assembly on July 31. The bill was sent to the president for his assent on Aug 2.

The Official Secrets (Amendment) Bill, 2023, was approved on Aug 7 and sent to the president on Aug 8. A notification on Saturday said that both the bills had been enacted as acts.

(WITH INPUT FROM NEWS DESK)