ISLAMABAD: The National Assembly on Friday unanimously approved a bill to amend the Rules of Procedure and Conduct of Business of the lower house vis-a-vis the election of the prime minister as well as the removal and election of leader of the opposition.
The amendments were imperative after the passage of 18th amendment Act by the parliament and the 19th Amendment bill by the National Assembly. The procedure for the election of the prime minister from has been revived according to the original Constitution of 1973 while the procedure of removal of the opposition leader has also been revised.
Similarly rules for taking vote of confidence for the leader of the House have also been amended as per the original constitution. Majority of opposition members can now remove Leader of the Opposition after new changes.
Minister for Religious Affairs Khurshid Shah moved the bill while Advisor to prime minister, Raza Rabbani elaborated the bill. He said after the election of the Speaker and the Deputy Speaker, following a general election or whenever the office of the prime minister falls vacant for any reason, the Assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the Prime Minister.
“Any member may propose the name of any fellow-Muslim member for election as Prime Minister, hereinafter referred to as the candidate.
Every proposal shall be made on a separate nomination paper in the form set out in the First Schedule and shall be signed by a proposer and a seconder and also by the candidate stating that he has consented to the nomination,” says the Bill.
Under the bill, a candidate may be nominated by more than one nomination paper, but no member shall subscribe to more than one nomination paper, either as proposer or as seconder. “Every nomination paper shall be delivered by the candidate or his proposer or seconder to the Secretary by 2p.m on the day prior to the election of the Prime Minister. After the rule 39, new rules 39A and 39B shall be inserted, namely: “39A,” added the bill. The removal of leader of the Opposition says a notice signed by a majority of members of the opposition may be given to the secretary showing that the leader of opposition has lost the support of the majority of the members of the opposition.
Such a notice shall be accompanied by the nomination of a proposed new Leader of the Opposition signed by a majority of the members of the opposition. After verification of the signatures of the members, if the Speaker is satisfied that the Leader of the Opposition has lost the majority support of members of the opposition, he/she shall declare him/her to be removed from the office,” added the bill.
When the Leader of the Opposition is removed, the Speaker shall immediately declare the member who has been nominated in sub-rule (2) as Leader of the Opposition. While, 39B says whenever the office of the Leader of Opposition falls vacant, it shall be filled in the manner as provided in rule 39,” added the bill.
That for rule 154, the following shall be substituted, namely: Rule 154: Bills amended, rejected or not passed by Senate- (1) If a Bill passed by the Assembly and transmitted to the Senate is rejected or is not passed within ninety days of its laying in the Senate, or is passed with amendment by the Senate, the Secretary shall immediately communicate the fact to the members (National Assembly) and also cause copies of the Bill to be supplied to them”.
(2). At any time after the Bill passed by the Senate with amendment has been so circulated, any Minister, in the case of a government Bill, or, in any other case, any member may, after giving two days’ notice, move that the Bill be taken into consideration. (3) The Secretary shall forthwith cause the notice so received to be circulated among the members. (4) When the motion for, consideration is moved, any member may move as an amendment that the Bill be referred to the Standing Committee and if the motion is carried the Bill shall stand referred to the Standing Committee. The provisions of rule 148 shall mutatis mutandis apply: Provided that the Standing Committee shall only examine the amendment made by the Senate. (5) If a motion under sub-rule (2) is carried, the provisions of these rules regarding passing of the Bills shall, so far as may be, and with the necessary modifications apply. (6) After all the amendments made by the Senate are disposed of, the member-in-charge shall move that the Bill be passed. (7) If a Bill passed by the Senate with amendment is rejected or is not passed within 90 days of its laying in the Assembly, or a Bill transmitted under clause (1) of Article 70 is not passed within 90 days of its laying in the Assembly, any Minister, in the case of a Government Bill, or, in any other case, any member may, after giving two days notice, move that the Bill be considered in a joint sitting. (8) When a Bill, as amended by the Senate, is passed by the Assembly, an authenticated copy thereof signed by the Speaker shall be transmitted to the President, by the Secretary for assent under Article 75.
(9) When a Bill transmitted by the Senate under Article 70(1) is passed by the Assembly without amendment, a message shall be sent to the Senate to this effect. That for rule 155, the following shall be substituted namely: Reference of Bill to the joint sitting. When a motion made under sub-rule (7) of rule 154 is carried, the Speaker shall refer the Bill to a joint sitting or, if a joint sitting is not in session, request the President to summon a joint sitting for consideration of the Bill.
That after rule 170, a new rule 170A shall be inserted, namely: “170A Resolution for extension of Ordinances which says: (1) In pursuance of first proviso to sub-paragraph (i) of paragraph (a) of clause (2) of Article 89 of the Constitution, a member or a Minister may, after giving three days’ notice, move a resolution for extension of an Ordinance for a period of one hundred and twenty days. (2) Where more notices than one under sub-rule (1) are given, the resolutions shall be taken up in the order in which their notices have been received, and if one of the resolution is passed, all other resolutions relating thereto shall lapse. (3) When a resolution is passed, the Secretary shall immediately cause it to be published in the Gazette and also transmit a copy thereof to the President and Ministry of Law, Justice and Parliamentary Affairs.
“That in rule 244, (i) in sub-rule (1), for the words “Law, Justice and the Minister for Parliamentary Affairs”, the words and comma “Law, Justice and Parliamentary Affairs,” shall be substituted. (ii) After heading (B), the following shall be added, namely: “(C) Parliamentary Committee. (I) There shall be a Parliamentary Committee to be constituted by the Speaker in terms of clause (2B) of Article 213 read with Article 218 of the Constitution. (2) The Committee shall comprise fifty percent members from the
Treasury Benches and fifty percent from the Opposition Parties, based on their strength in Majlis-e-Shoora (Parliament), to be nominated by the respective Parliamentary Leaders. (3) For nomination of members of the Committee, the Speaker shall invite the respective Parliamentary Leaders to send nominations within a fortnight of receipt of such invitation. (4) The total strength of the Parliamentary Committee shall be twelve members out of which one third shall be from the Senate. That for rule 35, the following shall be substituted, namely: 35. Poll. – (1) Before commencement of the poll, the Speaker shall read out to the Assembly the names of the validly nominated candidates who have not withdrawn – hereinafter referred to as the contesting candidates, in the order in which their nomination papers were received and proceed to hold the poll in accordance with the procedure set out in the Second Schedule. (2) If there is only one contesting candidate and he secures the votes of the majority of the total membership of the Assembly, the Speaker shall declare him to have been elected. (3) If there is only one contesting candidate and he fails to secure the votes of the majority of the total membership of the Assembly, all proceedings shall commence afresh.
(4) If there are two or more contesting candidates and if no contesting candidate secures such majority in the first poll, a second poll shall be held between the candidates who secure the two highest numbers of votes in the first poll and the candidate who secures a majority of votes of the members present and voting shall be declared to have been elected as Prime Minister: Provided that, if the number of votes secured by two or more candidates securing the highest number of votes is equal, further poll shall be held between them until one of them secures a majority of the votes of the members present and voting.
