Legal gurus divided over issue

ISLAMABAD - Constitutional experts are divided over the issue of Prime Minister's losing majority in the House, as one group of leading legal gurus term the Federal Government unconstitutional, while others have the view that there are examples of minority govts in India and even in the United Kingdom. Prime Minister Yousuf Raza Gilani's government lost its majority in the Parliament on Sunday when Muttahida Qaumi Movement (MQM) bolted to the opposition due to the Government's fuel price policies. In many countries where there is parliamentary form of government, the prime minister resigns if he/she loses majority in the Parliament, but he/she is legally not bound to do so. Talking to The Nation one expert has said there are three constitutional ways; firstly if the president is satisfied that the prime minister does not command the confidence of the majority of the members of the National Assembly, he/she shall summon the National Assembly and require the prime minister to obtain a vote of confidence from the Assembly. If he/she loses the majority votes, he/she resigns. Secondly the opposition brings no-confidence move against the leader of the house and the third is that if the PM feels that he/she has lost the majority any time, he morally resigns himself/herself. Hamid Khan said, "We can't term the Federal Govt as an unconstitutional govt as there were examples of minority govts in India and even in the United Kingdom, therefore this is not an unusual situation." However, Akram Sheikh called the Federal Government unconstitutional, saying the Government has lost the majority and in democracy majority governs the country. He said, "It was written in the preamble of 1973 Constitution that country would be governed by the chosen representatives of the people, but is it possible that minority runs the Government?" He said that the PPP government had support of 155 MNAs in the National Assembly, while it required 172 votes. Senator Zafar Ali Shah also supported Akram Sheikh's argument. He described the present Federal Government unconstitutional and unlawful because under the Constitution, the President of Pakistan is bound to ask the prime minister to take vote of confidence when he comes to know that the premier has lost the majority in the Parliament. If the president does not do then his action is also unconstitutional, he added. S M Zafar, senior lawyer and constitutional expert, differed with their point of view. His stance was that the Federal Government can't be termed unconstitutional but it is very unfortunate that the President is not asking the PM to take vote of confidence from the Parliament, while the opposition was not bringing no-confidence move against Prime Minister Gilani. Justice (Retd) Tariq Mehmood, ex-president SCBA, said that there were two ways to remove the prime minister, one if the President asks the PM to take vote of confidence from the House and second when the members of the Parliament passed no-trust motion against the Prime Minister. "But both these ways were not possible right now." Morally the PM should resign the moment he comes to know that he has lost the majority in the National Assembly, he said. He said that the President and PM of Pakistan belonged to the same party, therefore the President would never ask Gilani to take vote of confidence because he knew this way his PPP government would be removed. He said that the problem would emerged at time of annual budget. Aitzaz Ahsan, ex-president SCBA and central leader of Pakistan People's Party, while talking to reporter at the Supreme Court building three days ago dispelled the impression of any removal of the present govt, saying; "The PPP government does not face any danger from estranged coalition partners." He had said, "Unless and until no-confidence motion is moved against Prime Minister Syed Yousuf Raza Gilani in the National Assembly, he will enjoy the majority and any threat to the present government does not seems at the moment."

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