ISLAMABAD: The Senate Standing Committee on Law and Justice, while considering Constitution (Amendment) Bill, 2017 (Amendment of Article of 63-A), introduced by Senator Farhatullah Babar in the senate, unanimously approved the amendment in sub-paragraph (iii) of paragraph (B) of clause (1) of Article 63-A.
The committee meeting was presided over by Muhammad Javed Abbasi and was attended among others by senators Saleem Zia, Farooq Naek, Nihal Hashmi, Zahida Khan and Farhatullah Babar.
Farhatullah Babar, in his statement of objects and reasons, said that supremacy of the constitution was the basis of Pakistan’s constitutional and political system, adding that the parliament exercised supremacy within the jurisdiction assigned to it by the constitution.
He said that existing provision under sub-paragraph (iii) of paragraph (B) of clause (1) of Article 63-A, does not allow members to vote according their conscience on a constitutional amendment. It negated the spirit of the constitution and supremacy of the parliament, he added.
The committee was given a detailed briefing on the rising trend in litigation pertaining to decisions of the Centre Selection Board (CSB) which could be otherwise avoided by due implementation of Civil Servant Act 1973, adding to the pendency of cases before the courts.
The establishment division informed that a number of officers who were either deferred or superseded, approached the courts for redressal of their grievances. It was informed that Federal Services Tribunal had the jurisdiction to hear the cases of civil servants. The only guaranteed right for a civil servant to be considered for promotion had been provided in eligibility and relevant service criteria, the committee ws informed by officials concerned.
The committee directed the establishment division to evolve a judicious mechanism in this regard and overcome the short coming resulting in the rising trend in litigation with regard to CSB decisions.
The Senate body also constituted a sub-committee headed by Senator Farooq Naek to review the Civil Servants Act, Federal Services Tribunal Act and other relevant laws to ensure less burdening of courts with regard to promotion matters of officers. It was informed that the sub-committee would evolve a fair and equitable mechanism for promotions.
