Finally, a good argument

Mohsin Leghari sought a debate on resolution for carving out of a separate south Punjab province.

At the fag end of an otherwise lacklustre sitting yesterday, opposition stalwart Mohsin Leghari and Law Minister Rana Sanaullah engaged in a quality constitutional argument, reminding the galleries of the core business of this house – to address legal and constitutional matters.

The National Assembly and Senate are arenas for heavyweights. Aitzaz Ahsan, Raza Rabbani, Javed Hashmi, Chaudhry Nisar, Tahirul Qadri, Shah Ahmed Noorani, Prof Khurshid and many more have stamped their seal as debaters on these houses. The Punjab Assembly list is not as impressive, though some legislators have won laurels from both sides of the house for their enlightened oratory. Yesterday, the house witnessed a first-rate legal argument.

Leghari, of the PML-Quaid, is an avid reader of history and politics and always comes to the assembly prepared. His oversight of the female-dominated opposition team during the budget debates was remarkable. He is investigative and incisive, like a top-notch media professional.

As the speaker wrapped up the agenda of the private members’ day, Leghari rose and sought a debate on his resolution for the carving out of a separate south Punjab province. The chair disagreed, but allowed him to speak. The University of Oklahoma graduate argued that the speaker could not block a resolution from a private member on a private members’ day. The resolution in question, Leghari said, called upon the assembly to express their support for a new administrative unit in south Punjab to the federal government.

The speaker referred the matter to the law minister. Sanaullah said Leghari wanted to table the resolution to alter the provincial boundaries as stipulated in Article 239 of the original 1973 Constitution. Clause 7 of Article 239 says: “a bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be passed by the National Assembly unless it has been approved by a resolution of the Provincial Assembly of that Province passed by the votes of not less than two-thirds of the total membership of that Assembly.”

Sanaullah pointed out that the 18th Amendment has changed all that. Clause 4 of Article 239 reads: “a bill to amend the Constitution which would have the effect of altering the limits of a Province shall not be presented to the President for assent unless it has been passed by the Provincial Assembly of that Province by the votes of not less than two-thirds of its total membership.”

So, Sanaullah argued, since a Punjab Assembly resolution in support of provincial division was no longer needed in order to initiate such a division, there was no need for the assembly to pass such a resolution. Subtle legal debates are rare in the house and it was a breath of fresh air to witness one.

Now, a few words about the opposition leader’s conduct yesterday. Private members’ days are very important. The house has no official business and members can rise above bipartisan politics to press issues through a resolution, debate or bill. There is a tradition not to point out the quorum or walk out.

But since Raja Riaz took over as opposition leader, house business and traditions have become a joke.

The opposition leader never sits in the house unless he has to speak. Yesterday, he staged a casual walkout on the pretext of worsening law and order, even though a day has been reserved for discussion on law and order. His behaviour was callous and showed a total disregard for his colleagues with important issues to bring up.

Published in The Express Tribune, January 4^th, 2012.