NA body defers ‘National Accountability (Amendment) Bill’

ISLAMABAD: The Standing Committee of the National Assembly on Law and Justice once again deferred the “National Accountability (Amendment) Bill, 2024 (Ordinance No. VI of 2024) (Government Bill)” at the request of the Ministry of Law and Justice.

The meeting of the Standing Committee of the National Assembly on Law and Justice was presided over by Chairman Chaudhry Mahmood Bashir Virk here at the Parliament House on Thursday. The “National Accountability (Amendment) Bill, 2024 (Ordinance No. VI of 2024) (Government Bill)” relates to the enhancement of the remand period from 14 days to 40 days.

The Committee also deferred sine die the Constitution (Amendment) Bill, 2024 (Article 25) (moved by Dr Nafisa Shah, MNA) after detailed deliberations. The Ministry of Law and Justice was directed to seek opinions from the relevant quarters. The NA panel deferred the bill sine die until the required opinions were received and placed before the committee. Through the bill, Dr Nafisa Shah proposed to substitute Article 25 of the constitution and proposed to insert a new language. “All persons are equal before the law and are entitled to equal protection by the law. Equality is full and equal enjoyment of all rights and freedom. (3) There shall be no discrimination directly or indirectly against anyone on grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, economic position, colour, age disability, religion, culture or language. (4) The state shall promote the achievement of equality, by taking affirmative action to promote those disadvantaged by discrimination and may undertake legislation to enforce and ensure equality for all citizens.”

The committee after considering the Constitution (Amendment) Bill, 2024 (Article 198-4) (moved by Changaze Ahmad Khan) rejected the majority decision and recommended that the bill may not be passed by the NA. The majority of the committee members highlighted that Article 198(4) already provides a clear procedure for the constitution of benches. They noted that the proposed amendment would not only be redundant but would also encroach upon provincial autonomy. It emphasized that the authority to address the subject is explicitly prescribed by the Constitution, and any such amendment would disrupt the balance of power between the federal and provincial governments.

The NA standing committee also considered the Constitution (Amendment) Bill, 2024 (Article 9-A) (moved by Amjad Ali Khan) and after in-depth discussions and careful consideration, rejected the bill by a majority vote and recommended that it may not be passed by the National Assembly.

According to the draft of the bill, “State shall be provided free health services to all citizens of Pakistan to enjoy the highest attainable standard of physical and mental health in such manner as may be determined by law. Every individual shall have affordable and equitable access to the health facilities.” During the deliberations, the majority of the members strongly emphasized that the subject is a devolved issue, falling squarely within the prerogative of provincial governments. They cautioned that including it in the realm of fundamental rights would not only be unwarranted but could also create unnecessary complications. The members noted that the issue has been comprehensively addressed in the chapter on Principles of Policy within The Constitution of the Islamic Republic of Pakistan, 1973, making the proposed amendment redundant and unwarranted.

Similarly, the Standing Committee of the National Assembly on Law and Justice considered the Code of Civil Procedure (Amendment) Bill, 2024 (Section 54-A) (moved by Ms Sofia Saeed Shah). The committee was briefed that an existing law, titled the Enforcement of Women’s Property Rights Act, 2020, is already in place to safeguard the rights of women.

Additionally, a proposed government amendment to the Land Revenue Act, aimed at protecting inheritance rights, is currently pending approval with the Cabinet Committee for Legislative Cases. It was explained that the objective of the proposed amendment is fully addressed under the law, rendering the amendment unnecessary. The Ministry of Law and Justice suggested that a draftsman would convene a meeting with the mover to clarify and ensure satisfaction regarding the existing laws that already cover the mover’s objectives and until then, the proposed bill would stand deferred.

The NA panel also deferred consideration of the Constitution (Amendment) Bill, 2024 (Article 175A & 215) (moved by Asad Qaiser) due to the non-availability of the mover.