Close clash: Single vote to decide opposition leader in Senate

ISLAMABAD: The nominee of the Pakistan People’s Party (PPP), which is the largest opposition party in the Senate, will bag the office of the leader of the opposition if his or her numerical strength equals the tally of the Pakistan Muslim League-Nawaz (PML-N) candidate.

In view of the emerging close clash, the difference in the number of supporters of the two candidates will not be more than a vote or two. If the PPP fails to attract the lone Jamaat-e-Islami senator, it will fall short by just one vote. In that case, the PML-N will secure the coveted slot. A solitary vote was rarely as decisive as it has become now.

Under the Rules of Procedure & Conduct of Business in the Senate, the Upper House of Parliament chairman has no discretion in designating the leader of the opposition. The rules plainly require him to name a candidate as the opposition leader who is backed by more senators than his challenger from the opposition benches.

Rule 16 makes it clear that the PPP would clinch the slot if its votes turn out to be identical to those of the PML-N. It says if two or more members have equal support for the office of the leader of the opposition, the one belonging to the party having the largest numerical strength in the opposition will be declared by the chairman as the opposition leader.

The PPP has 21 senators, making it the largest party on the opposition benches. It is followed by the PML-N, which has 17 members. If one adds the PPP’s allies, its number goes up to 25 whereas the PML-N and its allied parties have the support of 26 members. The single Jamaat-e-Islami vote is a real game-changer for both the major contenders.

The rule places a bar on an independent senator from supporting any contender for the opposition leader’s slot. It says an independent senator, including a member from the former Federally Administered Tribal Areas (Fata), who has not given his option to join the opposition benches will not be eligible to support any contestant for the leader of the opposition’s berth. After the election of the chairman and deputy chairman and at any time after that, the chairman will declare the opposition leader within 15 days.

The election of the incumbent chairman and his deputy was held on March 12. The leader of the opposition will be named by the chairman when the newly formed Senate holds its inaugural session.

The chairman will inform the members about the date, time and place for the submission of a name for the opposition leader under their signatures. According to the rules, the opposition leader will lose his or her position as and when the majority of the opposition members withdraw their support. After that, the chairman may declare anyone else having majority support as the next opposition leader.

Article 60 referred to in the rule says after the Senate has been duly constituted, it will, at its first meeting and to the exclusion of any other business, elect from amongst its members a chairman and a deputy chairman and, so often as these offices become vacant, the Senate will elect them.

The tussle between the PPP and PML-N to bag the position of Senate opposition leader at any cost is primarily meant for parliamentary clout. Getting the position has been made a matter of ego by both sides.

One rule says the chairman will, after consultation with the leader of the House or the parliamentary affairs minister or any other designated minister and the opposition leader or a member authorised by him, fix the time and date for discussion of the Senate business. Another rule says the Business Advisory Committee will be headed by the Senate chairman and consist of such other members as nominated by him from time to time in consultation with leaders of the House and opposition. The senators belonging to various parliamentary parties, groups and independent senators will, as far as possible, be given representation in the committee.

Yet another rule states that the House may constitute itself into a Committee of the Whole on a motion by the leaders of the House or opposition. When the House does so, it functions as one committee acting upon any matters referred by the House and conducts its proceedings like a regular committee with its membership composed of senators. However, if a motion to constitute the House into a Committee of the Whole is not passed, a similar motion will not be presented within the same session.

When such a committee has concluded the consideration of a matter referred to it, the leaders of the House or opposition will make a report to the House for action as though reported by any other body.

Since its re-introduction in 1985, the Senate has often experienced this kind of a clash between the two principal opposition parties. Today, neither of them is in a clear position to get the opposition leader’s office. They are dependent on the support of other parliamentary parties, that, however, are part of their alliance, the Pakistan Democratic Movement (PDM).

The division of the votes of the PDM components between its two main constituents appears strange given that the alliance chief has repeatedly declared that an agreement had been reached before the Senate elections that the opposition leader will belong to the PML-N.