ISLAMABAD , April 27, 2023: In a move to ease the tension surrounding the upcoming elections, National Assembly Speaker Raja Parvez Ashraf on Wednesday wrote a letter to Chief Justice of Pakistan Umar Ata Bandial to convey the sentiments of the members of National Assembly.
He said, “the country has been suffering from a state of agitation.”
Earlier, Mr Ashraf stated that he understands the concerns of the people, and believes that the Supreme Court should be made aware of the sentiments of the National Assembly members. “He would be writing the letter to CJP Bandial himself, and will try to do so as soon as possible,” he added.
This announcement comes at a time when the Supreme Court is set to hear the Punjab election case on Thursday, and the government was reluctant to release funds for the elections.
Tarar affirms Parliament’s authority to allocate funds for Punjab elections
Minister for Law and Justice Azam Nazeer Tarar asserted that the Parliament possessed complete authority to allocate Rs 21 billion to the Election Commission of Pakistan for conducting the upcoming elections in Punjab, scheduled for May 14.
“The use of the phrase ‘sovereign powers’ implies that the decision is legally and constitutionally valid, allowing the Parliament to exercise its jurisdiction in this matter,” he added.
The minister was speaking in the National Assembly after obtaining approval to suspend the Question Hour and deliberate on the Federal Cabinet’s decision to refer a summary to the Parliament for the allocation of Rs21 billion to the Election Commission of Pakistan (ECP) for the upcoming general elections in Punjab and Khyber Pakhtunkhwa provinces.
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He emphasized that certain clauses in the Constitution “explicitly state that expenditures necessitate the approval of the National Assembly. The Federal Cabinet has once again submitted the Supreme Court’s directives from April 19, requesting for the allocation of funds, to the National Assembly.”
The minister raised a question regarding the Supreme Court’s instructions to disburse the amount without the National Assembly’s authorization, stating that if the election funds were released without their approval, it was unclear from whom the amount would be recovered.
Tarar was of the opinion that the election fund bill had been declined twice by both houses of the Parliament. As a result, the government could not distribute funds without the approval of the National Assembly.
Ishaq Dar’s take on issue of releasing funds for elections
Despite a court order, Ishaq Dar affirmed that the government would not deviate from the constitution and release funds without proper legal procedures.
Dar explained that if Article 63 of the constitution had not been rewritten, elections would have been held in the entire country at the same time. He stated that the attempt to dissolve the two assemblies was an attempt to spread chaos in the country.
He also revealed that the election commission requested additional expenses of Rs14.4 billion for the two assemblies’ elections, Rs54 billion for general elections and after discussions, Rs47.4 billion expenses were settled for the general elections.
The finance minister also highlighted that the government had taken the matter to the cabinet, resorting to Article 81-E to ensure the proper legal procedures were followed.
Ishaq Dar emphasised that even if the court order was in place, the State Bank could not release funds by its own authority, and no institution could release funds until legal procedures were adopted.
The government did not accept the supreme court’s decision regarding the Punjab elections and the cabinet had agreed that the case was dismissed by a majority judgement of four-three.
Funds for Punjab polls can’t be released sans Parliament’s nod: Bilawal
Foreign Minister Bilawal Bhutto Zardari said without the Parliament’s permission, funds for holding elections in Punjab could not be released to the ECP.
Speaking in the National Assembly, he said the decisions of the Parliament could not be ignored. “If the Parliament allows releasing of funds, we have no objection.”
The Executive, he said, was bound to follow the decisions of the Parliament. “It is against the basic principle of the democracy and the Constitution. The Parliament has the authority to decide how public money can be spent and where it is spent.”
He said it was unfortunate that some elements were committing contempt of the Parliament.
The minister said the Executive had no authority to decide regarding the spending of the public money. “We are bound by the Parliament as it is a supreme forum to decide about the spending of the public money”, he added.
He said no one could be allowed to breach the Parliament’s privilege and urged the Chair to refer the matter to the privilege committee. “Insulting of the prime minister is the insult of the members of the National Assembly. No institution will be allowed to disrespect of the country’s prime minister,” he added.
The resolution passed by the National Assembly unanimously indicated its members were with the prime minister, he said.
He said despite the court’s order, the then Pakistan Tehreek-e-Insaf government had not held local government elections in the Punjab province. The PPP would never violate the Constitution, as its sole objective was to unite the federating units and safeguards the rights of people, he added.
The minister said the constitution guaranteed the supremacy of the Parliament and ensure the respect of institutions.Why the court had not ordered holding of elections in Khyber Pakhtunkhwa, he asked.
Mr Zardari called for holding of election of all assemblies across the country simultaneously.
Lawmakers affirm Parliament’s absolute constitutional authority
On the other hand, lawmakers at the Lower House of the Parliament unanimously said that the authority of Parliament should not be undermined by any individual or entity by giving the Parliament its exclusive constitutional power to manage state affairs, including enacting crucial legislation.
Speaking in the House, Shahida Akhtar Ali expressed her opinion that an individual’s ego had been satisfied through the dissolution of the assemblies of Punjab and Khyber Pakhtunkhwa. She emphasized that Parliament was the supreme forum for making crucial decisions and should be empowered to do so.
Syed Agha Rafiullah called on the government to reveal the agenda of PTI chief Imran Khan and accused the PTI government of harming the country’s economy. He emphasized for the supremacy of Parliament as the ultimate legislative authority, stating that no other institution should be permitted to obstruct its ability to pass laws for the benefit of the nation.
Amir Haider Khan Hoti, emphasized the supremacy of the 1973 Constitution, uniting all federating units. He expressed his commitment to the advancement of democracy by prioritizing the supremacy of Parliament, independence and impartiality of the judiciary. Additionally, he voiced support for simultaneous elections throughout the country. He also made it clear that the the Parliament must remain free from interference by any other institution.
Ch Muhammad Barjees Tahir announced that the National Assembly Standing Committee on Finance had issued a unanimous recommendation to withhold funds for the election of two assemblies. He further emphasized the extensive authority of the Standing Committee, which includes the power to summon any government official.
Agha Hassan Baloch urged the political parties in government to resolve the Balochistan issue through peaceful negotiations. He also advocated for dialogue with other political forces to address the challenges currently facing the nation. Baloch reaffirmed that the supremacy of the Parliament would remain un-compromised under all circumstances.