Party heads’ powers vis-a-vis reserved seats scrutinised

How can a person not qualified to become an MP, and even holding foreign nationality, become a party head?

ISLAMABAD: How can a person not qualified to become a member of parliament, and even holding foreign nationality, become a party head?

The question was raised by Justice Shakirullah Jan on Wednesday during the course of hearing of the 18th amendment case when Attorney General Maulvi Anwar-ul-Haq was arguing on the election procedure for the reserved seats of parliament and power of the party head in making nominations.

Chief Justice Iftikhar Muhmmad Chaudhry, heading the 17-member larger bench, also raised a similar observation: how a person, who himself cannot become a member of parliament, rule the party or how can the person who is not a citizen of Pakistan, remove the Prime Minster from his post?

Justice Jawad S Khawaja observed that 30 per cent of the members of parliament are so-called people’s representatives.

The bench sought many clarifications over the election procedure for reserved seats and the powers of the party head.

However the AG kept saying that the indirect election on reserved seats is not a wrong procedure nor is it undemocratic, whereas to control the floor crossing and make the members of parliament more responsible, the party heads have been given the powers to disqualify them at any stage.

“This procedure, prima facie, seems to be in contradiction with Article 226 of the Constitution,” Chief Justice Iftikhar Chaudhry observed.

Women on reserved seats and members of minority on reserved seats cannot be elected in general elections as the party head nominates them, Justice Jawad observed.

No matter if this selection is based on proportionate representation, it should be through secret ballot, Justice Shakir observed.

Even in those countries where people are elected on the basis of proportionate representation, secret ballot is used, Justice Tassaduq Jillani observed.

If a person goes into self-exile, then can he be given the right as party head to disqualify the elected representatives of the people? Justice Javed Iqbal queried. This amendment is giving the powers of a dictator to party heads, Justice Tassaduq Jillani observed.

Can this amendment be struck down on the basis of whatever is being argued here, Justice Saqib Nisar asked Attorney General Maulvi Anwar-ul-Haq.

However, the AG could not satisfy the bench with his answers. The CJP adjourned the hearing till September 6, with direction to the AG to produce the record of election on reserved seats held in 2008.

Published in The Express Tribune, September 3^rd, 2010.