News Detail
Event Title: Senator Farooq Hamid Naek, Chairman Senate Standing Committee on Law and Justice Presiding over a Meeting of The Committee at Parliament House Islamabad
Event Date: 2024-09-26
The Senate Standing Committee on Law and Justice, chaired by Senator Farooq H. Naek, convened today at the Parliament House, addressing critical issues surrounding constitutional amendments, local government empowerment, and provincial representation.
The Committee noted that Constitution Amendment Bills are being introduced by Members without seeking instructions/approval from the respective Parliamentary parties which is against the spirit and scheme of Article 63A of the Constitution of Pakistan wherein it is compulsory to act/vote on a Constitution Amendment Bill in consonance with the party directions. The matter was unanimously referred to the Committee on Rules of Procedure to propose suitable amendments in the Senate Rules in this regard.
A significant topic of discussion was a proposed amendment to Article 51 of the Constitution, introduced by Senators Manzoor Ahmed and Danesh Kumar. This amendment aims to ensure equitable representation for non-Muslims in the National Assembly by guaranteeing at least one reserved seat for each province. Senator Danesh Kumar emphasized that the current system, which allocates seats based on proportional representation, disproportionately benefits majority provinces, leaving non-Muslim communities underrepresented. Senator Khalil Tahir representing Christian community also voiced concerns in this regard. The Chairman of the Committee, Senator Farooq H. Naek, while appreciating the Bill, asked the Minister for Law and Justice to come up with the appropriate amendments to substantiate the spirit of the proposed amendment.
During the meeting, Senator Saadia Abbasi withdrew the Constitutional Amendment Bill, 2021 (Insertion of Article 25B – Right to Nutrition and Food Security), introduced in the Senate on 27th September 2024.
The Committee examined another bill by Senators Danesh Kumar and Manzoor Ahmed, proposing an increase in seats for the Balochistan Assembly. Senator Naek noted that while Article 51 provides for population-based seat allocation, Article 106 does not. He cautioned that any increase based on population could lead to demands from other provinces. The Committee examined examples of various other countries where the seats in the legislatures have been capped despite being allocated on the basis of population. Given the significance of the subject matter, a sub-committee consisting of Senator Hamid Khan, Senator Zamir Hussain Ghumro, and Senator Anusha Rahman was constituted to examine the matter and report within thirty days.
The Committee also examined the proposal for fiscal devolution to local governments through the amendment of Articles 140A and 160, presented by Senator Khalida Ateeb. While the proposal aims to enhance local governance and ensure development funds reach grassroots levels, it faced opposition from Senators Zamir Hussain Ghumro and Anusha Rahman, who argued that such matters fall under provincial jurisdiction. The Chairman noted the need for further constitutional analysis and suggested that the Committee revisit this issue after gathering input from provincial governments.
The Chairman of the committee, while appreciating the Bill and drawing comparisons with the constitutions of France and the UK, stated that devolving financial powers to local governments could indeed strengthen them. However, he questioned whether, in light of Article 140A, it is constitutionally appropriate to grant financial authority to local governments. Senator Nazeer Tarar added that if all provinces support the Bill, the federal government would have no objections. Senator Farooq H. Naek suggested revisiting the matter after further studying it through the lens of constitutional law and seeking comments from the Provinces.
Moreover, the Committee discussed the General Clauses (Amendment) Bill, 2024 (Amendment of Sections 3 and 13). Senator Fawzia Arshad, while advocating for the rights of transgender individuals, proposed that gender be defined to include Male, Female, and Transgender. After a detailed discussion and consideration of constitutional law and Islamic principles, Senator Farooq H. Naek remarked there is no denial to the fact that transgender rights are recognized and supported, however, the views of Council of Islamic Ideology, judgment of the Federal Shariat Court and memo of Appeal filed against the said judgment should be placed before the Committee for further discussion.
The Bill introduced by Senator Aon Abbas, concerning the amendment of Articles 1, 51, 59, 106, 154, 175A, 198, and 218, regarding creation of Province of South Punjab was also discussed in the meeting. Senator Aon Abbas gave a detailed presentation on the bill and suggested deferring it for the time being. The Chairman Committee directed the Secretariat to provide copies of previously introduced Bills and reports of Committees on the subject matter.
The meeting was attended by Senator Hamid Khan, Senator Zamir Hussain Ghumro, Senator Saadia Abbasi, Senator Shahadat Awan, Senator Danesh Kumar, Senator Khalida Ateeb, Senator Fawzia Arshad, Senator Anusha Rahman, Senator Khalil Tahir, Senator Kamran Murtaza, and Senator Aon Abbas. Also present were Federal Minister for Law and Justice Senator Azam Nazeer Tarar, alongside senior officials from the Ministry and its affiliated departments.