The Hindu : Musharraf convenes Senate

Online edition of India's National Newspaper
Monday, Mar 10, 2003

International

International

Musharraf convenes Senate

By B. Muralidhar Reddy

ISLAMABAD March 9. Even as the standoff between the Government and Opposition continued over the controversial Musharraf laws, the Pakistan President, Pervez Musharraf, has convened the newly-elected Senate (equivalent of the Rajya Sabha) to meet on Wednesday for its inaugural session.

Although the Pakistan Prime Minister, Mir Zafarullah Khan Jamali, has offered dialogue with Musharraf opponents, there is little scope for an understanding unless Gen. Musharraf is prepared to step down as Chief of Army Staff and agree to come through the route of Parliament for his election as President.

The Senate like the Rajya Sabha is a permanent body but Gen. Musharraf had dissolved it along with the suspended National Assembly in June 2001. Elections to the Senate were to have followed the general elections in October last year but were unduly delayed for a variety of reasons.

A brief notification issued by the Senate secretariat said the 100-seat upper house had been summoned to meet in Parliament House at 9 a.m. on Wednesday. Senate members must take the oath at the inaugural session. But Opposition parties said on Friday their more than 40 Senators-elect would not take oath under the Constitution which has been amended by the Legal Framework Order (LFO).

The ruling coalition, led by the Pakistan Muslim League-Quaid-e-Azam, has managed to secure a thin majority in the Senate with the help of its allies and independents. So it should not have any difficulty in getting its nominees elected as Chairman and Deputy Chairman. The post of Chairman is important as in the absence of President the Senate Chairman discharges responsibilities of the first citizen.

There are three main issues at the heart of the dispute between the Opposition and the Government on Musharraf laws. Opposition says it does not recognise Gen. Musharraf as President. He is deemed to have to been elected by people as President through the April 2002 referendum for a period of five years. There is no provision in the Constitution for such an election and the Electoral College for choosing President consists of members of Parliament and provincial assemblies.

Second, the Opposition parties have objection to Gen. Musharraf's continuation as Army Chief for a further period of five years. Their contention is that the Constitution explicitly bars any person in uniform from holding the high office. There has to be a gap of at least two years before a person in uniform could even contest for public office.

Third contentious issue relates to `formalisation of the role of military' in matters of governance through the newly-constituted National Security Council. Though Gen. Musharraf has sought to argue that the Council is purely consultative in nature, representation of the three service chiefs on the body has given room to apprehensions of a permanent role for the military in politics.

How exactly the issue gets resolved is anyone's guess. There have been efforts since the last general election by the ruling combine to arrive at consensus on all these contentious issues but without success. There are worries among political observers that the crisis could undermine the return of civilian rule, however limited it is in real nature.

The hardline of the opposition was evident today when Naheed Khan, Member National Assembly and political Secretary to Benazir Bhutto, has said that there was no question of the PPP accepting the LFO in its present form as part of the Constitution.

Ms. Khan said she was shocked and bewildered at the statement of the leader of the Parliamentary Party of PML(Q) Chaudhry Shujaat Hussain. She accused him of justifying the holding of office of President by a serving army chief on the ground that the General wore Pakistani military uniform and not Indian military uniform.

``Such insensitive remarks only betrayed either the PML(Q) leader's own intelligence level or the regard he had for the intelligence of common

man.'' She said that the Supreme Court on the issue of referendum had left the consequences flowing from the referendum to be determined by the appropriate forum of Parliament at the appropriate time.

As such unless the LFO was taken up by Parliament and ratified as constitutional amendment in accordance with the procedure laid down in the Constitution itself, it could not be regarded as a valid part of the Constitution.

``LFO is a corrupt document sought to be appended to the Constitution to corrupt the basic law of the land," she said. It is aimed at rewriting the civil-military equation on the terms of the military alone and is a negation of all norms of democracy and parliamentary supremacy, which no political party dedicated to the cause of democracy, and supremacy of the people could accept'', the PPPP MNA said.

She said the PPPP senators' elect would go the Senate on March 12 to take oath only under the 1973 Constitution as amended from time to time in accordance with the constitutionally-laid down procedure.

In a separate statement, Mian Raza Rabbani, Acting Secretary General, PPP maintained that it was incorrect in fact and law when the PML(Q) states that the elections were held under the LFO and by participation in the same the political parties have accepted the LFO.

"The PPP is committed to the principle that the Constitution can only be amended through the procedure provided in Article 238 and 239 of the Constitution and not by an individual. The party rejects the LFO as it seeks to change the basic structure of the Constitution, infringes on sovereignty of Parliament, and undermines the federal character. The LFO confers discretionary powers on the President without any check and balance; it impinges upon the independence of the judiciary'', he said.

Printer friendly page
Send this article to Friends by E-Mail

International

Stories in this Section

U.N. pulls out staff as war clouds thicken

Powell firm on March 17 deadline

Pak. parties step up pressure

Musharraf convenes Senate

Decks cleared for W. Asia talks

Two Indian Americans honoured

We are in despair: Sri Lankan fishermen

Bhatti to take charge today

Sikh lawyer wins racial discrimination case

Musharraf's nephew freed in U.S.