Parliament's joint session takes up resolutions on K-P emergency, governor's rule

ISLAMABAD:

Two separate resolutions seeking to ratify the presidential proclamations imposing a state of emergency and governor's rule in Khyber-Pakhtunkhwa (K-P) were tabled during a joint session of parliament on Thursday amid opposition protests.

The federal government imposed emergency and governor's rule in K-P on October 11, suspending the Pakistan Tehreek-e-Insaf (PTI)-led provincial administration amid a dispute over the province's security situation and counter-terrorism measures. The government has defended the move, citing a deterioration in law and order and an alleged failure by the provincial administration to coordinate counter-terrorism efforts with federal authorities.

Today's session was chaired by National Assembly Speaker Ayaz Sadiq. Federal Minister for Parliamentary Affairs Dr Tariq Fazal Chaudhry initially presented the presidential proclamations concerning the imposition of emergency measures and governor's rule in the province.

The emergency proclamation was laid before the joint sitting under Article 232(7) of the Constitution, while the proclamation imposing governor's rule was presented under Article 234(3).

Opposition lawmakers protested during the proceedings, with several members wearing black armbands.

Chaudhry later moved a motion under Rule 232 of the Parliament (Joint Sitting) Rules, 1973, seeking to suspend certain sub-rules. Opposition members opposed the motion, prompting Speaker Ayaz Sadiq to put it to a vote by asking lawmakers to stand.

The procedural motion was adopted by 214 votes to 56.

Following its approval, Chaudhry moved two separate resolutions before the joint sitting — one seeking ratification of the presidential proclamation of emergency under Article 232 of the Constitution and the other seeking approval of the proclamation imposing governor's rule under Article 234.

Read: PTI leadership goes into hiding

Subsequently, Law Minister Azam Nazeer Tarar initiated debate on the two resolutions. He defended the imposition of emergency in K-P as a “last resort”, telling a joint session of parliament that the decision followed a worsening security situation and deliberations by the federal cabinet. Urging lawmakers to approve the proclamations under Articles 232 and 234 of the Constitution, Tarar said the government was prepared to answer questions about the grounds for the move and rejected comparisons with martial law. “This option was exercised as a last resort,” he said.

Tarar told the joint sitting that the K-P governor had written a detailed letter to the president and prime minister about conditions in the province, warning that the conflict involving terrorism was intensifying. He said the government had presented figures and other material to explain why it had invoked the constitutional provisions.

According to the minister, the prime minister placed the matter before the federal cabinet after examining the material, allowing for collective consideration of the decision. He said the cabinet debated the matter for two and a half hours before recommending that the prime minister advise the president to exercise his powers under Articles 232 and 234 and impose an emergency in view of the seriousness of the situation.

Tarar also criticised the provincial leadership’s priorities, referring to deaths in incidents in Tank and Bajaur. He said families were receiving condolences while injured people were undergoing treatment in hospitals, including assessments over whether their limbs needed to be amputated. “In my view, the chief minister and provincial ministers should be there, rather than at rallies where music is being played and there is an atmosphere of celebration,” he said.

The minister said discussions in the apex committee, of which he was a member, had revealed that the counter terrorism department lacked a fully developed institutional structure and adequate resources. He said the overall security situation, the provincial government’s conduct and the material examined by the federal government had informed the cabinet’s deliberations.

Responding to lawmakers who had likened the emergency to martial law or a repeat of October 12, Tarar argued that the measure had been taken through procedures provided for in the Constitution. “The affairs of the state must be governed by the Constitution of Pakistan,” he said. “Whatever is provided for in the Constitution must be carried out in the manner it mandates.”

Tarar said he, the interior minister and the information minister, had explained the reasons for the decision during a media interaction on October 11, following the issuance of the proclamation. The government had subsequently presented its explanation in both houses of parliament, he added.

Read more: Govt defends K-P emergency, alleges PTI-KP govt’s ‘nexus’ with terrorists

Outlining the parliamentary process, he said the Senate and National Assembly had separately debated and approved the emergency proclamation issued by the president on October 11 under Article 232. He said that the separate consideration by the two houses as an additional safeguard introduced through the 18th Amendment, saying it required both chambers to examine the proclamation within 10 days and decide on its approval through resolutions.

Tarar said consideration by a joint sitting was a further constitutional requirement. He added that a proclamation would cease to remain in force if the joint sitting passed a resolution disapproving it by a majority of its total membership. Turning to Article 234, the minister said it provided a mechanism concerning the exercise of a province’s administrative and legislative powers, with the president acting upon his satisfaction that the provision needed to be invoked.

He said a proclamation under that article also had to be placed before a joint sitting of parliament. The two proclamations before lawmakers formed part of the same document, he added. Tarar said the president had summoned the joint session to fulfil these constitutional requirements, following detailed discussions in the National Assembly and Senate.

He described the 1973 Constitution as a consensus document, framed after extensive debate and careful consideration of the country’s political circumstances, and said it was held in high regard by the Pakistani people and democratic forces. The minister welcomed questions from lawmakers about the reasons and material underpinning the emergency, saying the government was available to respond to members on both sides of the aisle.

Tarar also said a final effort at negotiations had been made, but declined to discuss the competing political accounts, saying he was addressing the legal aspects of the decision. “I am speaking only from a legal point of view,” he said.

Thanking the National Assembly speaker and Senate chairman for allowing detailed debate, Tarar urged lawmakers to examine the proclamations and give reasons for their decision. “The Constitution of Pakistan gives you the authority to decide on this,” he said.

A day earlier, both houses of parliament approved President Asif Ali Zardari's proclamation of emergency in K-P by majority vote under Clause 1 of Article 232 of the Constitution, despite opposition lawmakers' objections to the measures.

The NA session began under the chairmanship of the Speaker as Minister for Parliamentary Affairs Tariq Fazal Chaudhry presented the resolution before the House. During the proceedings, Chaudhry moved a separate motion seeking the suspension of question hour to allow the House to take up other parliamentary business. Opposition lawmakers opposed the motion, but it was adopted by a majority vote.

The Lower House later debated the emergency measures imposed in the province, with opposition lawmakers strongly opposing the Centre's decision and raising a hue and cry during the proceedings. However, the resolution was passed by a majority vote.