The Senate on Tuesday witnessed an academic discussion between the government and the opposition on the issue of laying Pakistan Medical and Dental Council (Amendment) Ordinance in the Senate.
The matter was first raised by PPP Senator Raza Rabbani when Minister for Law Pervez Rashid sought to lay the ordinance before the House.
Rabbani argued that the ordinance was promulgated without the consent of the Council for Common Interests (CCI), therefore it could not be called an ordinance. Moreover, it had already been challenged in the Sindh High Court, he added.
In his arguments, the senator quoted item number 6 of the Federal Legislative List, as well as Article 154 of the Constitution of Pakistan.
“The promulgation is unconstitutional and could not be tabled in the House,” he argued.
While Rabbani was arguing on the grounds of its approval by the CCI Minister for Science and technology Zahid Hamid started pleading on the basis of Article 89, which provides to lay the document before the House. The Senate chairman pointed out that it had already been treated as a bill in National Assembly.
“When it has been treated as a bill in National Assembly, then why the government desires to lay it before the Senate,” Chairman Nayyer Hussain Bokhari remarked.
Responding to his point, Zahid Hamid said it was required under Article 89 of the Constitution. The government was fulfilling this requirement, “However, if any points are to be raised, it could be done when it comes before the House as a bill after passage by National Assembly”.
This argument made the chairman seek viewpoint of Leader of the Opposition in Senate Chaudhry Aitzaz Ahsan, who in response explained that except the money bill, it was a requirement that the bills could be moved to both the Houses. “It cannot be deferred. It has to be laid because it is right of this House when the National Assembly has already treated it as a bill.”
Senator Babar Awan said this ordinance had been promulgated and also treated as a bill in National Assembly. Therefore, it could not be treated as a bill in this House and could not be referred to a committee. On this, Zahid Hamid said there should be no dispute on laying this ordinance because it was not for approval at this moment but to fulfill the requirement of Article 89.
On this point, the chairman intervened and observed that the ordinance could be laid before the House, as he also allowed the law minister to move the motion for laying it before the House.
