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Thursday November 28, 2024

Amendment to Islamabad LG law: Alvi sits on PM’s advice for Parliament’s joint session

By Muhammad Saleh Zaafir
January 09, 2023

ISLAMABAD: President Arif Alvi has withheld an advice by Prime Minister Shehbaz Sharif for summoning the joint session of the two houses of Parliament. It is understood the government had to place the amendment in the act of Local Bodies (LB) of the federal capital for further consideration before the joint session.

The advice was dispatched to the president on Thursday. The president returned the bill to the Parliament without his assent last week that was passed by the two houses of Parliament separately. The joint sitting is supposed to meet on Thursday next.

The action of the president has caused a delay in the polls for local bodies for the capital where the mayor and deputy mayor of the metropolitan city have to be elected directly on adult franchise basis for the first time in the history of country through the amended legislation. Also the number of local councils have been enhanced according to the population of the city.

Well-placed official sources told The News here Sunday that in normal course, the president, acting upon the advice of the prime minister, summons either house of Parliament or joint sitting within 24 hours but in this case his affiliation with the PTI was influencing his action. The sources cited the Constitution with regard to the advice of prime minister and recalled as: Article of the Constitution “48. President to act on advice, etc. 1 [48. (1) In the exercise of his functions, the President shall act 2[on and] in accordance with the advice of the Cabinet 3[or the Prime Minister]: 4[Provided that [within fifteen days] the President may require the Cabinet or, as the case may be, the prime minister to reconsider such advice, either generally or otherwise, and the president shall [within ten days,] act in accordance with the advice tendered after such reconsideration.]”

The sources pointed out that the PTI has been opposing the amendment and knocked on the door of superior court to hold polls in the federal capital without any further amendment. Had the president given his assent to the bill, it could have become a source of strength for the government before the law. While returning the bill to the parliament, the president contented that the law could delay the polls in the capital.

The sources said that since the members of the two houses have to come from various parts of the country, including far-flung areas, for attending the session, they should have been given sufficient time to reach Islamabad for the sitting. The sources claimed that the president couldn’t hold back the advice for an indefinite period of time. The government would issue a stern rejoinder to the president if the schedule of the joint sitting lapses. In that case, the government, after 10 days, would view that the assent has deemed to be given to the bill and subsequently the act would be notified.

The president’s reluctance in summoning the joint sitting within suitable times would tantamount to be a defiance of Constitution. The sources said that it was not for the first time that the PTI has used the president to hinder the process of legislation.

The president assured the government recently that he would desist from acting partisan but he has been resorting to the path contrary to his earlier commitment again since it enhances polarisation, the sources added. The spokesman of the Presidency had earlier made it clear that as soon as the sitting is summoned by the president, it would be immediately notified. He didn’t comment on holding back of the advice.