Rabbani opposes holding of virtual session of Parliament

ISLAMABAD: Former Senate chairman Mian Raza Rabbani opposed the proposal of holding of virtual session of Parliament, saying that it would have serious political ramifications, legal, rules, constitutional and will make Parliament dysfunctional.

Raza Rabbani gave his views not only to Senate chairman through letter and written also to the Senate’s Committee on Rules and Procedure and gave 6-reason of political ramifications, reasons of legal, rules, constitutional of holding of virtual sessions of the Parliament.

Besides presenting the political ramifications of the virtual session, he suggested way forward for the regular session in the testing times of Coronavirus. Raza Rabbani while giving the political ramification stated that given the history of marginalisation and attempts, to an extent successful, to make Parliament dysfunctional, virtual sessions of Parliament will be the final seal. Six political ramifications according to Raza Rabbani as follows:

a) A sundown clause, for the amendments cannot be a preventive as the principle would have been accepted. b) Virtual Parliament’s status will be worse than the status of a Shoora functioning in other Muslim countries. c) The concept of Trichotomy of Power envisaged in the Constitution, 1973, will be grossly violated. d) The virtual session of Parliament will be used to further political agendas, avoid accountability of the Executive and return to the era of a non-transparent closed government. e) In the present system the Executive in furtherance of a political agenda of saving a particular Ordinance, let a 121 days intervene between the 293rd and 295th Session of the Senate, both summoned by the president whereas, the 294th session was summoned by the Senate chairman. f) That with all these and other abbreviations and amendments in the system, procedures and the rules, the Constitution, 1973, will become dysfunctional.

The legal, rules and constitutional complications for the virtual session of the Parliament follows according to Raza Rabbani as follows:

A question can be raised as to the legality of a virtual session, should it so happen, the Senate will be standing in a Court of Law.

b) That, Article 54, Constitution, 1973, provides, when the President of Pakistan or the Senate chairman, summon a session they shall specify the “place and time” of such a session. Take note of the word “place”, it is in the singular. If each member is to participate from his/her home then summon under Article 54, Constitution, 1973, cannot be issued unless an amendment is made.

c) That, Article 55, Constitution, 1973, provides for (a) the quorum and (b) voting.

i) That, with reference to the quorum the Article comes into play upon pointation. The Senate chairman may come to an agreement with all parliamentary leaders that no such pointation shall be made in these special circumstances.

ii) That with respect to voting the words used are, “majority of the members present and voting” (emphasis provided).

- In international jurisdiction, in some parliaments the word present has been interpreted to mean, “in person.”

- Black’s Law Dictionary, defines the word present, to mean, “being in a set place at a given time”.

- The provisions of Rule 238 of “the Rules, 2012”, would become redundant because if the voice vote is challenged then by tradition members are asked to stand in their seats, if that is also challenged and or is not accepted then a division is called. In such circumstances of a virtual session neither a member can stand in his seat nor can a division take place.

- How will an amendment to any one of the motions moved under Rule 100 of the Rules, 2012, be moved and voted upon when a Bill is introduced in the House for passage.

d) Chapter XII – Legislation – Rules 94 to 131, “the Rules, 2012”, govern Private Member’s and Government Bills, recommendation to a Money Bill, Constitutional Amendment Bill, Bills passed by National Assembly and transmitted to the Senate, Bills passed by the Senate and transmitted to the National Assembly and passed by the National Assembly with amendment and retransmitted to the Senate, each rule will have to be visited to ascertain the amendments required in procedure and the voting system.

e) Chapter XIII – Resolution Not Mentioned in the Constitution – Rules 132 to 143, “the Rules, 2012”, will need to be visited for procedure and voting system amendments.