Two members of the Senate of Pakistan, Mr Aitzaz Ahsan and Mian Raza Rabbani, voted for the Contempt of Court Act, 2012. This vote in favor of the act was given despite both of them were recorded saying on the floor of Senate, as reported in newspapers, something to the effect that there were some provisions in the act which are against the constitution of Pakistan. I would like to question: by voting for the act, have not they violated their oath of Senate in which they had sworn to perform their functions honestly, to the best of their ability, faithfully, in accordance with the constitution, and to preserve, protect and defend the constitution?
I believe that their actions were a result of a fear of the Defection Clause in Article 63A of the constitution.
However, if these elected political leaders can violate their oath and knowingly vote for a law which, in their own opinion, is against the constitution, just to keep their senate membership, how do they expect military and judiciary to keep their oath of protecting the constitution?
This also raises very interesting contradiction within the constitution. On the one hand, the constitution requires Senators and MNAs to swear to perform their functions honestly, to the best of their ability, faithfully, in accordance with the constitution, and to preserve, protect and defend the constitution.
On the other hand, if a Senator or MNA decides, in accordance with his oath, not to vote for, or vote against a Money Bill or Constitution (Amendment) Bill which is against the constitution, he may, under Article 63A, end-up in ceasing to be a Senator or MNA as a price for acting in accordance with the oath and for performing his functions honestly, to the best of his ability, faithfully, in accordance with constitution, and for preserving, protecting and defending the constitution.
FARHAN TAHIR
Lahore
