Parliament in the time of Covid-19

CoviD-19, devastating as it is, has also posed unique challenges to our democracy. The parliament is currently not in session and is likely to remain closed as the threat looms. This means that all legislation especially in wake of the pandemic is going to be carried out by presidential ordinances, without the input of people’s representatives, especially those of the opposition. A crisis of this magnitude has never occurred in Pakistan’s history and it is the one time that input of all parties in the country is required. That way the country can stand united in face of the threat.

If this pandemic persists, the budget session is also threatened. The budget session is by far the most important legislative business that the National Assembly undertakes every year. A recession in the economy is imminent and it is only through the collective wisdom of the Parliament that matters that concern the economic well being of the country can be addressed.

Similarly various committees who have essential functions must also be allowed to meet. The Standing Committee Food Security and Research is one such committee because this crisis is likely to lead to shortages as well as hoarding by profiteers. This committee must be allowed to stand guard against any efforts at profiteering due to this crisis. There is the Standing Committee on National Health Services, Regulations and Coordination which has to undertake important business on the issue of provision of ventilators and perhaps the setting up of field hospitals to contain the present threat. Parliamentary committees on Covid-19 and on National Security has important business and must be allowed to meet on an urgent and daily business of ensuring that Pakistan is prepared for the looming threat of this pandemic becoming another Spanish Flu.

The legislative functions of the Parliament under the Fourth Schedule of the Constitution are too serious to put on the backburner and left to the fiat of executive via ordinances. Some of these functions relate directly to the problems posed by this pandemic. For example item 19 of the list relates to “port quarantine, seamen’s and marine hospitals and hospitals connected with port quarantine”. Item 17 deals with “education as respects Pakistani students in foreign countries and foreign students in Pakistan”. This would mean not just the education in terms of Higher Education Commission and its standards but also the well being and possible repatriation of these students in either direction. Item 6 of the list provides for “admission into, and emigration and expulsion from, Pakistan including in relation thereto the regulation of the movements in Pakistan of persons not domiciled in Pakistan; pilgrimages to places beyond Pakistan”. This needs urgent attention of the Parliament in terms of controlling ingress and egress as well as the question of pilgrims that may be abroad, primarily in Saudi Arabia, Iran, Iraq, Syria and India. Important fundamental rights under the Constitution are directly affected which need Parliamentary scrutiny, either in form of legislation or in committees.

In the age of technological advancement, there are many solutions that can be implemented to ensure that the Parliament, especially the National Assembly from which money bills emanate, can work without jeopardizing the members or transmission of the virus. One way could be to allow each party to send a select number of representatives according to the proportion of their seats in the parliament with other members being connected for the voting process through Zoom or other such specifically designed software for the Parliamentary proceeding. These members present in the assembly can be those who enjoy the confidence of maximum number of each party’s elected representatives and for abundant caution those at risk can be excluded except via video link. Whole of the Parliament building can be disinfected and every representative entering the building can be tested through the state of the art testing kits that take 10 minutes to determine if the person is positive for the virus. US Congress is working on similar solutions. N-95 Masks and gloves can be mandatory and effective social distancing can be made part of protocol.

In so much as the allowance of voting remotely and the use of video link technology to conduct parliamentary sessions, this will require immediate amendments to the special summons and seating in the Rules of Procedure and Conduct of Business In The National Assembly, 2007 as well as Rules of Procedure and Conduct of Business in the Senate, 1988. Without these key changes, law would vitiate the business undertaken by the Parliament. The world after Covid-19 has drastically changed to an extent that we must take immediate measures to ensure that we are ready to face the challenge. To ensure this we must be ready to adopt all technology that is required for the conduct of essential business of the Parliament.

Barrister Mohsin Nawaz Ranjha is an MNA of PML-N and the former Minister of State for Parliamentary Affairs while

Yasser Latif Hamdani is a constitutional lawyer