ISLAMABAD: The Senate Standing Committee on Law and Justice Thursday formed a sub-committee on the issue of increasing minority seats for provincial assembly of Balochistan.
The sub-committee consisting of Senator Hamid Khan, Senator Zamir Hussain Ghumro and Senator Anusha Rahman was constituted to examine the matter and report within 30 days.
The Senate panel met here with Senator Farooq Naek in the chair and addressed issues surrounding constitutional amendments, local government empowerment and provincial representation.
The committee examined another bill by Senators Danesh Kumar and Manzoor Ahmed, proposing an increase in seats for the Balochistan Assembly. Senator Naek noted that while Article 51 provides for population-based seat allocation, Article 106 does not. He cautioned that any increase based on population could lead to demands from other provinces.
The committee examined examples of various other countries where seats in legislatures have been capped despite being allocated on the basis of population.
A significant topic of discussion was a proposed amendment to Article 51 of the Constitution, introduced by Senators Manzoor Ahmed and Danesh Kumar. This amendment aims to ensure equitable representation for non-Muslims in the National Assembly by guaranteeing at least one reserved seat for each province.
Senator Kumar emphasized that the current system, which allocates seats based on proportional representation, disproportionately benefits majority provinces, leaving non-Muslim communities underrepresented. Senator Khalil Tahir representing the Christian community also voiced concerns in this regard. The panel head, while appreciating the bill, asked Minister for Law and Justice Azam Nazeer Tarar to come up with the appropriate amendments to substantiate the spirit of the proposed amendment.
The committee noted that constitution amendment bills are being introduced by members without seeking instructions/ approval from the respective parliamentary parties, which is against the spirit and scheme of Article 63A of the Constitution wherein it is compulsory to act/ vote on a constitution amendment bill in consonance with the party directions.
Azam Nazir Tarar told the committee in a briefing that they would not even vote unless the parliamentary party gave its permission. He was of the opinion that Supreme Court had said that the vote would not be counted, so the private member’s bill should not be introduced without the permission of parliamentary leader. The matter was unanimously referred to the Committee on Rules of Procedure to propose suitable amendments in the Senate Rules.
During the meeting, Senator Saadia Abbasi withdrew the Constitutional Amendment Bill 2021 (Insertion of Article 25B – Right to Nutrition and Food Security), introduced in the Senate on September 27.
The committee also examined the proposal for fiscal devolution to local governments through the amendment of Articles 140A and 160, presented by Senator Khalida Ateeb. The proposal faced opposition from Senators Zamir Hussain Ghumro and Anusha Rahman who argued that such matters fall under provincial jurisdiction. Senator Naek noted the need for further constitutional analysis and suggested that the committee revisit this issue after gathering input from the provincial governments.
Law Minister Tarar added that if all the provinces support the bill, the federal government would have no objections. Moreover, the committee discussed the General Clauses (Amendment) Bill 2024 (Amendment of Sections 3 and 13).
Senator Fawzia Arshad, while advocating for the rights of transgender individuals, proposed that gender be defined to include male, female and transgender.
After a detailed discussion and consideration of constitutional law and Islamic principles, Senator Naek remarked there was no denial to the fact that transgender rights are recognised and supported. However, the views of Council of Islamic Ideology, judgement of the Federal Shariat Court and memo of appeal filed against the said judgement should be placed before the committee for further discussion.