Pak President Denies Signing Controversial Bills

What’s in today’s article?

• Why in news?
• Background: Pak President denies signing controversial bills
• What does the Pak Constitution say about presidential assent?
• Now, what will be the legal status of the laws?

 

Why in news?

• President Arif Alvi denied approving changes to the Official Secrets Act and the Pakistan Army Act, claiming that he was undermined by his own staff.
• The law ministry, however, asked him to take responsibility for his own actions.
  • The law ministry is currently functioning on an interim basis till general elections are held later this year.
• The development comes less than two weeks after Alvi dissolved the National Assembly on the advice of then outgoing Prime Minister Shehbaz Sharif – thus paving the way for the next general elections

 

Background:

• Few weeks ago, the Pakistan National Assembly and the Senate approved two bills and sent those bills for Presidential assent.
  • These bills were - the Official Secrets (Amendment) Bill, 2023 and the Pakistan Army (Amendment) Bill, 2023.
  • The two bills that would further enhance the Pakistan Army’s already considerable powers.
    • This Act confers more powers to the army chief and calls for imprisonment for those found guilty of defaming the army.
  • According to critics of the government, these laws will expand the power of the army and the state to persecute opponents and activists.
  • Also, these laws were passed swiftly (within a day) in the fag end of the Pakistani National Assembly’s tenure, under questionable circumstances.
• Pak President Alvi was deemed to have given his assent to both of them. Later, he denied to have signed these bills.
  • On the social media platform, the President claimed that he ordered his staff to return the bills unsigned within the stipulated time to render them ineffective.
  • He alleged that his staff undermined his orders and failed to follow his instructions.
• In light of the President’s latest comments, the legal status of these bills is now up in the air.

 

What does the Pak Constitution say about Presidential assent?

• Under Article 75(1) of the Pakistani Constitution, after a bill has passed through both the National Assembly and the Senate, it is presented to the President for his assent.
• The President, at this juncture, has two options – either to give assent within 10 days or to return the bill along with his objections to the legislature.
• If the legislature passes it again, with or without incorporating the President’s objections, as per the Constitution, the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.
• As per constitutional experts of Pakistan, the concept of deemed assent only kicks in with bills that have already been sent back to the Parliament by the President one time.
  • No where does 75(1) provide that if President has not assented to the Bill within 10 days it will automatically be deemed that the President has assent and the Bill becomes an Act.

 

Now, what will be the legal status of the laws?

• As per legal experts from Pakistan, there are serious questions regarding the validity of both the passed bills which became laws after Presidential assent.
• The President is saying that key legal amendments have become law through fraud and subterfuge.
• Hence, there now existed strong legal grounds for the court to declare that the two laws were not validly enacted acts.

 

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Q1) What is the geographical location of Pakistan?

Pakistan is a South Asian country located in the region where South Asia, Central Asia, and the Middle East meet. Its geographical coordinates are approximately between 23.6345° N latitude and 73.9356° E longitude. 

 

Q2) What is Pakistani National Assembly?

 The National Assembly of Pakistan is the lower house of the bicameral parliament of Pakistan. It plays a crucial role in the country's legislative process, including the formulation and enactment of laws, as well as representing the interests of the Pakistani people.

 

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Source: Pak President denies signing controversial bills, begins political slugfest: Explaining Pakistan’s latest political controversy | First Post