Bills
A Bill can be defined as a legislative proposal in a distinct format, which becomes an Act of Parliament if passed by both the Houses and assented to by the President. Bills can be broadly categorized as private member Bills and Government Bills.
In the case of a private members' Bill, a member may move for leave to introduce a Bill after giving ten days written notice of his intention to do so to the Secretary. When the Bill comes up for consideration, the member-in-charge rises in his seat and asks that leave be granted to introduce the Bill. The Chairman then puts the question to the House and if the House agrees, leave is granted. The Bill is introduced by the member by rising in his seat and saying "I introduce the Bill."
In the case of Government Bill, it is introduced by a Minister.
In both cases a Bill, upon introduction, stands referred to the Standing Committee concerned with the subject matter of the Bill. However, this provision can be dispensed with, with the approval of the House, if a member moves for it.
The Bill, thereafter, is considered at length in the Committee concerned which submits its report to the House.
After presentation of the report of the Bill, it is included in the Orders of the Day for consideration. At this stage the member-in-charge of the Bill can move a motion (a) that it be taken into consideration at once; or (b) that it be taken into consideration on a date to be fixed forthwith; or (c) it be referred to a Select Committee; or (d) it be circulated for the purpose of eliciting opinion thereon. However, before any of the above motions is made, any member may raise the objection that the Bill is repugnant to the Injunctions of Islam.
If such objection is raised, the Senate may, by a motion supported by not less than two-fifths of its total membership, refer the question to the Council of Islamic Ideology for advice as to whether the Bill is or is not repugnant to the Injunctions of Islam.
In the case of a Bill originating in the National Assembly, after it has been passed by the National Assembly it is transmitted to the Senate. When it is taken up for consideration, a member may move, as an amendment to the Bill, that it should be referred to the Standing Committee concerned. If such motion is carried the Bill stands referred to the Standing Committee. Thereafter, the procedure regarding consideration and passage of the Bill, as stated above, is adopted.
Legislative Procedure
A Bill, with respect to any matter in the Federal Legislative List, or in the Concurrent Legislative List, can originate in either of the two Houses, with the exception of a Money Bill which originates only in the National Assembly but a copy of which is simultaneously transmitted to the Senate for making recommendations to the National Assembly within seven days. Upon introduction, a Bill shall, unless the member-in-charge moves a motion to dispense with the requirement of the rule, stand automatically referred to the concerned Standing Committee of the House for scrutiny and report within a stipulated period of time.
When a Bill, except a Money Bill, is passed by the House, in which it originated, it is transmitted to the other House and that bill, if passed without amendment, by the other House is transmitted to the President for assent.
If a Bill transmitted to a House is passed with amendments it shall be sent back to the House in which it originated and if that House passes the Bill with those amendments it shall be presented to the President for assent.
If a Bill transmitted to a House is rejected or is not passed within ninety days of its laying in the House or a Bill sent to a House with amendments is not passed by that House with such amendments, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting and if passed by the votes of the majority of the members present and voting in the joint sitting it shall be presented to the President for assent.
As far as Money Bill is concerned, it is the prerogative of the National Assembly only to consider it. However, under Article 73 of the Constitution, a copy of the Money Bill is to be simultaneously transmitted to the Senate for making recommendations to the National Assembly, within fourteen days.
The National Assembly shall consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it shall be presented to the President for assent.
Constitutional Amendment
A Constitutional Amendment Bill can be passed by the votes of not less than two-thirds of the total membership of both the Houses of Parliament in their separate sittings. A Bill, passed by one House and also passed by the other, without amendment, by votes of not less than two-thirds of the total membership, is presented to the President for assent under clause ( 2 ) of Article 239.
With the exception of Money Bills, all Bills, after having been passed by both the Houses, are required to be sent to the President for assent after which a Bill becomes a law. Where a Bill, sent for the Presidential assent, is returned for reconsideration, the same would thereafter be considered by the Mediation Committee in accordance with clause (2) of Article 75, as amended. The Bill passed with or without amendments is again sent to the President and the President can not withhold assent there from.
To sum up, if a Bill, other than a Money bill, is passed by both the Houses of Majlis-e-Shoora (Parliament) and assented to by the President, it becomes an Act of Parliament.
A Bill, however, has to pass through the following stages before it becomes an Act, namely:-
First Reading: When a Bill comes up for consideration, the principles and general provisions of the Bill can be discussed but the details of the Bill can not be discussed beyond a point necessary to explain its principles. At this stage amendments to the Bill are not moved. However, a member can give notice of amendments, if any. On the conclusion of general discussion, the motion for consideration of the Bill is put to the House.
Second Reading: If the Senate adopts the motion for consideration of the Bill, the Bill is taken into consideration clause-by-clause. Various clauses of the Bills are considered. The amendments, if any, to a clause can be moved at this stage. Each clause, together with amendments, if any, is put to House and adopted by a majority votes.
Third Reading: After clause by clause consideration of the Bill, the member-in-charge of the Bill can move a motion that the Bill (or the Bill, as amended, as the case may be) be passed. At this stage, the debate is confined to arguments either in support or for rejection of the Bill without referring to the details thereof.
Classification of Business
Business of the Senate is divided under three heads - (i) Senate Business; (ii) Government Business; and (iii) Private Members' Business
Senate Business includes business relating to the Committees and such other business as the Chairman may designate.
Government business includes Government Bills, resolutions, amendments and other motions introduced or initiated by a Minister. A Minister can introduce a Bill, after giving a written notice, accompanied by a copy of the Bill and a Statement of Objects and Reasons to the Secretary. The introduction of the Bill is ordinarily included in the Orders of the Day for a day allotted for Government Business.
Private members business includes Bills, resolutions, amendments and other motions introduced or initiated by private members. A private member can introduce a Bill, including constitutional amendments, after giving to the Secretary ten days written notice of his intention to do so. The notice has to be accompanied by the Bill, together with Statement of Objects and Reasons, in triplicate, signed by the member. After scrutiny as to whether it conforms to the constitutional and other mandatory requirements, the Bill is listed for introduction and it is set down in the Orders of the Day for a day meant for private members' business.
Except Monday which is reserved for private members Business, Government and Senate Business is transacted on all other days.
Other Business
The Parliament, under Article 144 of the Constitution, can by law regulate any matter not enumerated in either List in the Fourth Schedule for two or more provinces by consent if a resolution to this effect has been passed by those Provinces.
The Parliament has powers to make any law indemnifying any person in the service of the Federal Government or a Provincial Government or any other person, in respect of any act done in connection with the maintenance or restoration of order in any area in Pakistan.
The Parliament can under Article 146 of the Constitution, confer powers or impose duties upon a province or officers or authorities thereof notwithstanding that it relates to a matter with respect to which a Provincial Assembly has no power to make law.
The recommendations of the National Finance Commission and the reports of the Council of Islamic Ideology are also tabled in the Senate for discussion. The Senate may, by resolution, express its opinion or make any observation or recommendations on these reports, that is, reports under Article 160: rule 138 and Article 230: rule 139.
Under the Constitution, the Senate has the power to pass a resolution for the disapproval of an Ordinance before its expiry, or give one time extension for a further period of one hundred and twenty days.
Under the Constitution the recommendations of the National Finance Commission, together with an explanatory memorandum as to the action taken thereupon, is laid on the table for discussion in the Senate.
The Constitution further empowers the Senate for discussion on reports of the Council of Islamic Ideology.
Under the Constitution the annual report of the Auditor General relating to the accounts of the Federation is laid on the table.
The report on the observance and implementation of the Principles of Policy under the Constitution in relation to the affairs of the Federation is laid on the table. After a report is laid in the table it can be discussed by the House.
It is the privilege of the Parliament under Article 69 of the Constitution that the validity of any of its proceedings, can not be called in question in any Court of Law, on the ground of any irregularity of procedure.
Orders of the Day
The Senate business is transacted, as per rule 30, in the order in which it appears on the Orders of the Day, unless the Chairman directs otherwise.
The Secretary prepares Orders of the Day and makes its copy available for use of every member and any other person entitled to speak or participate in the proceedings. He arranges the Government business in such order as the Leader of the House or the Minister for Parliamentary Affairs or any other Minister, authorized by the Leader of the House, intimates a day before the commencement of the sitting. The relative precedence of private members' Bills is determined by ballot at least five days prior to the day with reference to which the ballot is held.
Questions
A member can ask questions for which a thirteen days prior notice has to be given in writing under member's own signature with full name addressed to the Secretary. Notice has to be delivered at the Notice Office kept open for this purpose on every working day or can be sent by post.
After the recitation from the Holy Quran, the first hour of every sitting is available for asking and answering of questions. There is no question hour on a day designated as private members' day.
A question addressed to a minister must relate to a matter of public concern which should fall with the special cognizance of the Minister and should not be of undue length. The main purpose of questions is to seek information and also to draw attention of the government to public grievances and to get them redressed.
After the reply by the Minister, supplementary questions are allowed to seek clarifications and throw light on different aspects of the question and its reply. Ordinarily, not more than three supplementary questions can be asked in respect of any question.
A question to which a written reply is read out by the Minister is a starred question. An unstarred question is the one to which a written reply is supplied but not read out. Each member may ask three starred and five unstarred questions for any one day. A member who desires to ask a starred question for any one day has to distinguish it with an asterisk.
The rules provide for half an hour discussion on a matter of public importance arising out of the answer to a question.
Short Notice Question
With the consent of the Chairman and the Minister concerned, a member may ask a question relating to a matter of public importance with shorter notice than the normal notice of thirteen clear days. The official designation of the Minister to whom a Short Notice Question is addressed, alongwith the reasons for asking the question with shorter notice, should be stated therein. Where no reasons have been assigned in the said notice of question, the question is returned to the member.
On receipt of such notice, an enquiry is made from the Minister concerned whether he is in a position to answer the question at a shorter notice and, if so, at which date.
In case the Minister is not in a position to answer the question at a short notice and the Chairman is of the opinion that the question is of sufficient public importance to be orally answered in the House, he may direct that the question be placed as the first question on the list of questions for the day on which it would be due for answer under rule 48. In such a case not more than one such question is accorded first priority on the list of questions for any one day.
Questions relating to the Secretariat of the Senate
Questions, relating to the Secretariat of the Senate, can be asked of the Chairman by means of a private communication and not otherwise or in the House.
Privilege Motion
A member can if so permitted by the Chairman, raise a question involving a breach of privilege either of the member himself or of the Senate or a Committee thereof in the manner prescribed in rules 70 to 83.
A member who wishes to raise a question of privilege should give a notice in writing to the Secretary before the commencement of the sitting on the day the question is proposed to be raised. However, in the case of urgency the Chairman allows it to be raised at any time during the course of a sitting.
If the Chairman holds the motion regarding the privilege motion in order, he refers it to the Privilege Committee for consideration. If a motion to that effect is moved and adopted by the House, the House decides whether a breach of the privilege, as alleged in the motion, has occurred or not.
Adjournment Motion
A member may move a motion, under rule 85, for adjournment of normal business of the House to discuss a matter of urgent public importance. An adjournment Motion is, ordinarily, admissible if it raises an issue of urgent public importance, relates substantially to one definite issue, is restricted to a matter of recent occurrence and satisfies such other conditions as are laid down in rule 87.
The admissibility of each Adjournment Motion is determined by the Chairman. If the Chairman is of the opinion that the matter, proposed to be discussed is in order, he shall ask whether the member has the leave of the House to move the motion; and, if objection is taken, he shall request the members in favour of the leave to rise in their seats. If less than one-fourth of the total membership of the Senate rise, the Chairman shall inform the member that he does not have the leave of the House, but if one-fourth of the membership rise, the Chairman shall announce that leave is granted and then the motion is taken up as the last item for discussion, for not more than two hours, on such day, as the Chairman may fix.
Motion under rule 218
Through this motion the policy or situation or statement or any other matter can be discussed. The House discusses such matter immediately after the mover has concluded his speech. Such motions are not put to a vote of the House but are simply debated and talked out and no further questions are put at the conclusion of the debate unless a member moves a substantive motion in appropriate terms with the approval of the Chairman and the vote of the House. In that case the decision would be taken accordingly.
Call Attention
Rule 64 (1), contains provision for a Call Attention Notice to draw the attention of the government towards matters of national importance. Through this notice any member can request a Minister that he should pay attention to a particular matter of national importance and take necessary steps. This notice should be given in writing to Secretary not less than two hours before the commencement of the sitting.
All Call Attention Notices are put up before the Chairman, who selects one of them but not more than two notices in a week. On the appointed day, the member presents the matter before the House to which the relevant Minister gives his answer and states the Government policy.
Resolutions
The resolutions can be broadly categorized as resolutions not mentioned in the Constitution and the resolutions mentioned in the Constitution. The resolutions not mentioned in the Constitution have been dealt with in rules 132 to 149 and the resolutions mentioned in the Constitution are governed by rules 131 to 136.
Resolutions not mentioned in the Constitution
These are the resolutions moved by either member or a minister on a matter of general public interest and importance. A private resolution must relate to a matter of general public interest, primarily concerning the government, and be in the form of a declaration of opinion by the Senate.
In the case of a private resolution, seven days notice has to be given whereas in the case of a resolution, moved by the Minister, three days notice is required.
A resolution must relate to substantially one definite issue. The admissibility of a resolution is decided by the Chairman in his Chamber on the advice of the Secretariat and they are set down on the Orders of the Day after determining their priority by balloting. A time limit is fixed for each speech on a resolution.
Resolutions mentioned in the Constitution
A resolution, given notice of by a Member/Minister, in pursuance of a provision in the Constitution or an Act of Parliament, is called a Statutory Resolution. Resolutions mentioned in the Constitution include: resolution for the removal of the President (Article 47), resolution for the disapproval or extension of time of Ordinances (Article 89) and resolution for the approval of a Proclamation of emergency (Article 232).
Resolution for impeachment of the President
Not less than one-half of the total membership of either House can give a notice, in writing, of their intention to move a resolution for the removal or impeachment of the President, to the Chairman, Senate or, as the case may be, to the Speaker National Assembly.
In a joint sitting of the two Houses, convened for the purpose, if, after the deliberations, the resolution is passed by the votes of not less than two-thirds of the total membership of the Parliament, the President shall cease to hold office immediately on the passing of such resolution.
Rules to be observed by members while present in the House
Each member is required to observe the following rules and conventions in the House:-
i) shall not speak except with the permission of the Chair;
ii) shall not read any book, newspaper or a document except in connection with the business of the Senate;
iii) shall not interrupt any member during his speech by disorderly or objectionable gesture, expression, noise or any other manner whatsoever;
iv) shall bow to the Chair when taking or leaving his seat;
v) shall not pass between the Chair and any member who is speaking;
vi) shall not sit or stand with his back towards the chair;
vii) shall always address the Chair and shall do so in a respectful and decent manner;
viii) shall keep to his usual seat while addressing the chair;
ix) shall maintain silence when not speaking in the Senate;
x) shall not obstruct proceedings and shall avoid making running commentaries when speeches are being made in the Senate or engage in cross talk;
xi) shall not chant slogans, display banners, placards, throw and tear Table documents and reports, etc;
xii) shall not indulge in rowdy behaviour;
xiii) shall not approach the dice of the Chairman in a threatening manner;
xiv) shall not act erode the sanctity of the House or act in a manner which lowers the dignity of the House;
xv) shall not act in any manner detrimental to the order, decorum and dignity of the House;
xvi) shall not applaud or make a reference to, when a stranger enters any of the galleries or the special Box except when a foreign dignitary is specially invited to address the Senate or witness the proceedings of the Senate;
xvii) shall not occupy a seat in the galleries nor while in the Chamber engage himself in conversation with any visitors in a gallery.
xviii) shall not use a mobile phone or camera;
xix) shall not chew or drink or smoke, and
xx) shall not carry any walking stick unless permitted by the Chairman under exceptional circumstances.
a) discuss any matter which is sub-judice;
b) reflect upon the President in his personal capacity: Provided that nothing in this paragraph shall preclude any reference, subject to the provisions of the Constitution, to the President in relation to any act done by him in his official capacity;
c) discuss the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties;
d) make a personal charge against a member, Minister or the holder of public office, except in so far as it may be relevant in regard to the matter before the Senate;
e) use his right of speech for the purpose of willfully and persistently obstructing the business of the Senate;
f) use offensive expression about the conduct or proceedings in the joint sitting, Senate, National Assembly or a Provincial Assembly or a Committee there of;
g) unnecessarily cast reflection on the conduct of any person who cannot defend himself before the Senate;
h) reflect on any decision of the Senate except on a motion for rescinding it;
i) use the President's name for the purpose of influencing the debate; or
j) utter unreasonable, seditious or defamatory words or make use of offensive or un-parliamentary expression or which may hurt the religious susceptibilities of any class or persons.
Mode of Address
A member, desiring to speak on any matter before the Senate or to raise a point of order or privilege, shall speak only when called upon by the Chairman to do so. He shall speak from his place, shall rise when he speaks and shall address the Chairman. The Chairman may however, permit a member, disabled by sickness or infirmity, to speak while sitting.
Voting and Division
Parliament, generally, decides matters by voting. In Parliamentary parlance this is called 'Division' i.e. dividing the House to decide a matter by majority vote. Every matter requiring the decision of the House is decided by means of a question put by the Chairman on a motion made by a Member. After the motion has been moved, the Chairman formally proposes or places the motion for consideration of the House. At the end of the debate on the motion, he puts the motion for the decision of the House.
Rule 238 provide for different modes of Division in the House. The votes of members on any question, put by the Chairman, may be taken by the voice vote in the first instance. On the conclusion of a debate, the Chairman puts the question and invites those who are in favour of the motion to say "Aye" and those against the motion to say "No". The Chairman then says: "I think the Ayes (or, as the case may be, the Noes) have it."
If the opinion of the Chairman as to the decision of a question is not challenged, he says twice: "The Ayes (or, as the case may be, the Noes) have it" and the question before the Senate is determined accordingly.
If the opinion of the Chairman, as to the decision of a question, is challenged, he orders that the Lobby be cleared. After a lapse of two minutes, he puts the question a second time and declares whether in his opinion the "Ayes" or the "Noes" have it. If the opinion of the Chairman is again challenged, he directs that the votes be recorded by division in the manner set out in the Third Schedule. Then he announces the result of voting by division, which cannot be challenged.
However, if in the opinion of the Chairman, the division is unnecessary, he asks the members who are for "Aye" and those for "No" respectively to rise in their places, and after the count of the members has been taken he declares the determination of the House. In such a case, the names of the voters are not recorded unless a member requests otherwise.
A member may not vote on any question in which he has a direct and personal pecuniary interest. If he votes on such a question, the vote can, on a substantive motion carried by the House, be disallowed.
Decisions of the Chair
The Chairman, pronounces rulings on various issues and questions raised during the proceedings of the House, involving interpretation of the Constitutional provisions concerning the Senate, various statutes, and Rules of Procedure and Conduct of Business from time to time during sittings of the Senate. The Secretariat brings out compilations of these rulings periodically.
Each ruling begins with a compendium containing a brief account of facts and a concise statement of issues involved and the decision itself. This is followed by a resume of facts and reasons which the Chairman invoked in reaching the decision; supplemented by citation as may be relevant and necessary.
Every effort is made in all decisions to reproduce substantially the relevant facts, the contentions raised and the arguments advanced by members so as to conform them textually to the printed debates of the House. To enable members to trace the relevant ruling readily an exhaustive index, with various appropriate heads, arranged alphabetically, is appended at the end of each volume.
Circulation of Documents
The Secretariat is responsible under rule 185 for dispatch and delivery of parliamentary papers relating to the business of the House, its Committees etc. to members both during Session and off-Session. The Secretariat, if it is practicable to do so, circulates a copy each of the notice or other papers which is required to be made available for the use of members and such other persons to each member and such other person entitled to take part in the proceedings of the Senate.
Every notice and other papers are sent to the members by post on the address officially notified by the members to the Senate Secretariat and ordinarily, these are deemed to have been duly served on the members if so sent.
During the session notices are delivered at the local address notified by each member or, in its absence, deposited in his mail box.