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The
Inaugural Session
With
the oath-taking of 329 members out of a total of 342, the 13th
National Assembly (the popular chamber) of Pakistan began its
parliamentary life of maximum 5 years on March 17, 2008.
The
first session will stand prorogued after it elects a Speaker and a
Deputy Speaker on March 19, 2008. The election of the two offices
will be held by secret ballot and winner for either position will
have to secure the majority of the votes cast. If there are more
than two candidates, the winner will have to secure more votes than
the aggregate of the votes of the other candidates. If it does not
happen, there will be a run off voting after eliminating the
candidate polling the least number of votes. The process continues
until one of the candidates secures a majority of votes. It is a
reflection of the unique nature of the two offices that securing a
clear majority of the votes cast is essential to get elected. In a
parliamentary democracy, the speaker holds a pivotal position and
performance and smooth-running of the house largely depends on the
experience, temperament and respect commanded by the Speaker. The
Speaker of the National Assembly also officiates as the acting
President in case the Senate Chairman, for any reason, can not
officiate.
Session 2 and Election of the Prime Minister
The
Second session, which may be summoned by the President immediately
after the first session is prorogued, will be exclusively reserved
to ascertain which one of the Members of the National Assembly
commands the confidence of the majority of the members. The member
commanding the confidence of the majority of the members shall be
invited by the President to be the Prime Minister. Judging by the
number of members of the PPPP-led alliance including the PML-N, the
ANP and the JUI-F in the Assembly, it is a foregone conclusion that
candidates for the positions of the Speaker, Deputy Speaker and the
Prime Minister endorsed by the PPPP will win the election in the
case of the Speaker and deputy Speaker and command the confidence of
the majority in the case of the Prime Minister.
Normally Session 2 lasts for just a day. The selection of a
candidate for the post of the Prime Minister by the largest
parliamentary party seems to be a greater challenge than many
anticipated earlier. The difficulties are understandable in view of
the fact that the party leader, who dominated the party for the last
almost 30 years, was assassinated right in the middle of the
election campaign. The party finds itself pitted against crucial
challenges at a critical time when it gets the chance to lead the
national and at least one provincial government after a gap of
almost 12 years. Application of democratic principles can not only
help solve problems facing a country, it can be a way forward for
the intra-party challenges as well.
Session 3 and Imminent Challenges
The
Session 3 will be the first regular session after the routine
business of electing the top 3 elective office holders is completed.
This session may be summoned by the President at the advice of the
Prime Minister soon after the second session is prorogued. The
session 3 may take up some of the most critical business which sets
the direction of the new Government and possibly decide the fate of
the Assembly, the President and the political stability in the
country.
Going by what Pakistan Peoples Party had announced earlier, it is
expected that the Assembly will commence the third session by
passing a resolution calling upon the United Nations to undertake an
independent investigation into the assassination of Mohtarma Benazir
Bhutto, the Chairperson of the Pakistan Peoples Party, on December
27, 2007 at Rawalpindi. The resolution may carry the symbolic but a
great significance as it may be perceived as an expression of no
trust in the ability or will, or both, of the state institutions to
carry out a credible investigation into the assassination of Ms.
Benazir Bhutto. It was another matter for Pakistan Peoples Party to
demand an investigation by the UN when it was in the Opposition; it
is entirely a new scenario to seek UN investigation when the party
heads the ruling coalition and its nominee is the Prime Minister of
the country.
The
same session may see the tabling and possibly the passage of a
resolution calling upon the Government to reinstate the Supreme and
High Court judges deposed following the ‘declaration of the state of
emergency’ on November 3, 2007 by General Pervez Musharraf in his
capacity as the Chief of Army Staff. A bill may also be introduced
in the Assembly seeking to validate the extra-constitutional acts of
the period of ‘Emergency’ declared on November 3, 2007 by the then
Chief of Army Staff, General Pervez Musharraf. Past precedents
suggest that each extra constitutional act including the removal of
Nawaz Government by General Musharraf on October 12, 1999 was
brought before the next Parliament seeking validation and indemnity
by a 2/3rd majority of both the houses. A similar bill,
if brought before the 13th National Assembly, stands the chance of
being defeated unanimously for the first time in the history of the
country. The defeat of such a bill may not only mean that all
actions following the ‘declaration of emergency’ of November 3 are
pronounced invalid by the Assembly leading also to restoration of
the deposed judges but it will also be a powerful step towards
establishing the Rule of Law in a country which has seen the
abrogation of two constitutions (1956
and 1962) and suspension of the 1973 Constitution thrice (1977, 1999
and 2007). These possible resolutions and the bill are indicators of
some of the challenges the 13th National Assembly may be facing in
the very early stages of its life. The signals emanating from the
Presidency and the post-November 3 Supreme Court point towards a
rough ride ahead for the Assembly. On the other hand, a determined
bar and citizens’ groups want to see no delay in the reinstatement
of the deposed judges; certainly not beyond the 30-day deadline set
by the two largest coalition parties themselves. The deadline will
expire on April 15, 2008. These and the other long-term challenges
to establish the primacy and supremacy of the Parliament in the
political system of the country will require that the people stand
firmly by the Parliament – to give it the strength in the challenges
ahead and to convey their feelings to the parliament when needed.
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