Another round
The parliament makes its move
In the present state of confrontation between the Supreme Court and the executive, there is a likelihood of another standoff between the two as the government introduces two new bills in parliament. The issue of the dismissal of former prime minister Yousaf Raza Gilani will remain a matter for debate in days to come. The Supreme Court was unmoved by the argument that Gilani had declined to write the letter as he considered it to be against the constitutional provision providing immunity to the head of state from litigation. Gilani’s plea that he could not think of being disrespectful to the apex court and had therefore appeared before it twice was also rejected. The issue that heads of state and government cannot take timely decisions with the judiciary breathing down their neck has been raised by respectable jurists outside Pakistan also. The cabinet’s approval of a bill to change the contempt law and provide immunity to the government leaders is aimed at ensuring that the present prime minister who has to play a central role in overseeing an orderly transition of power is not removed prematurely like Gilani. The government will not have difficulty in getting the bill through on account of its majority in the National Assembly.
The cabinet has also approved a draft bill proposing amendment in article 63(1) C to enable Pakistanis having dual nationality to contest election for the parliament. The argument by those opposing the bill that two nationalities can lead to conflict of interests carries weight. In case of legislators and ministers with divided loyalties, this could lead to decision that harm national interests. The argument that the expatriates constitute the backbone of the national economy on account of the remittances they send may be correct. But the large majority of the expatriates do not have dual nationality. Again, most of those holding two passports have neither the inclination nor the means to contest elections in Pakistan. This explains why the coalition partners are divided over the issue. It remains to be seen if the government can get the needed two thirds majority to pass the constitutional amendment.
The parliament has the right to amend the constitution and law. The Supreme Court should not be seen to be creating hurdles in the way of the parliament as it performs the duty assigned to it by the constitution. All institutions of the state have to function in harmony. This is possible only when they treat each other with respect and do not transgress their mandate.