ISLAMABAD - The PML-N-led government these days is much attentive to defend its ‘constitutional territory’, as it is not shy even to warn other top institutions to avoid trespassing in its jurisdiction.
The ruling alliance of eleven parties has recently made a record in parliamentary history by passing back-to-back three resolutions to defend and realize its jurisdiction to the country’s top court. In the last two weeks, the country had faced an agonizing situation as two powerful institutions – the Parliament and the Supreme Court (SC) - were seemingly in a mood to test each other’s muscles. Perhaps, there is no constitutional mechanism available to bring the conflict to a logical end or to ascertain which side is right or wrong.
Both the top bodies are enjoying numerous powers, a factor that is making the situation more complex.
The Supreme Court has recently asked the lower house of the parliament to share the record of proceedings in which it attempted to pass a bill to clip the powers of Chief Justice of Pakistan. The PDM has also recently registered its protest in front of Supreme Court, in which a religio- political party leader and PDM’s President warned Chief Justice Umar Atta Bandial against issuing a contempt notice to Prime Minister in Punjab polls case. The Chief Justice also came under criticism as the government members blamed him for discrimination.
In another major development, the incumbent government has seemingly found another refuge to defend its prime institution from any possible move. The government with majority of vote approved a private member’s bill ‘The Contempt of Parliament Bill 2023’ that allows up to six months imprisonment or Rs one million fine or both for those found guilty of insulting the parliament. The fate of this bill hanging in the balance as it may be impeded by the President.
As predicted by political gurus that the President will not give his nod to the bill to make it act of Parliament. He has already disapproved two major bills passed by the federal government.
‘If the president does not give his nod to the bill within 10 days, the approval is deemed to have been given,’ according to the Constitution. According to the rules , “If the President refers back a bill to Parliament it is considered in a joint session and if passed by majority is deemed to have been passed by both Houses. Sent again to President to give assent in ten days failing which assent shall be deemed to have been given”.
The bill states that right of fair trial as enshrined in the Constitution shall be provided to each but no one shall be allowed to appear before the Committee through legal practitioner or an Advocate. It states that contempt committee shall have power to declare any of the proceedings before it as in-camera. With other clauses, it says, “If a person to whom summon is issued, does not appear or wilfully avoids to appear before the Committee, or avoids service, the Chairman may, upon being satisfied that the summons were duly served under this section.”