PRESIDENT AND THE BILLS
(shah Nawaz Bokhari, Rawalpindi)
President and the Bills
The president is a head of state. The president has many powers and authorities and some have exemptions, which he is enjoying during his tenure. The president is very important in signing various appointments & new laws etc. The president runs the affairs of the state diligently and wisely. According to Article 75 of our constitution, the president is bound to do whatever he assigns any task to the welfare of the state. The president shall act on the advice of the prime minister and do the same things. The president is bound to sign any legislature bills or summary that is sent to him, however, it is not necessary he shall ever act on the wishes of the National Assembly. He can reject any bill or legislation that cannot properly adopt in the forum of parliament and or raise objections to reconsider such clause or provision.
The parliament has the power to reconsider such bills or pass such bills with amendment or without amendment in the joint session. However, it is essential to send the president for approval. However, the president is bound to give ascent within 10 days failing which is considering such an act as approved. There is no need for previous sanction or consent is mandatory whatsoever. Article 75 of the constitution guides us on how the procedure of legislation should be adopted in the parliament for any bills. The president has the power to reject any bill except a money bill and send it within a speculated time to the national assembly. It is essential to elaborate on the reason why he rejected the bills and stated objection to the specific clauses, which he never thought fit for the welfare of the people. Accordingly, according to the rules of Business, the president is bound to act as advice by the National Assembly and never reject any bill without intimation to the National Assembly.
Now come up to the main issue i.e. the official Secret Act-1923 and The Pakistan Army
Act-1952 the two bills were sent to the president but never ascent to bills nor properly rejected the office of the president. The core of the clauses that are being amended is very serious in nature and needs consultation in the joint session of the parliament. The previous government has proved a lack of interest to do so and hurry to pass this amendment in the joint Session of the parliament. Nevertheless, the Official Secret Act of 1923 is far more beneficial for the people and safety measures of Pakistan's integrity and sovereignty. According to my presumption of law “The Pakistan Army Act-1952” is more beneficial to the national interest except for two clauses which are interlinked to Institutions” and the resignation of army officials etc. No role by the army in politics is a very good gesture to amend special law. A few clauses, which are amended in these two acts, need consultation and proper opportunity for each member Assembly to debate in the parliament.
In my presumption there are no valid reasons to reject these amendments, however, it is the president's right to reject but it is essential to elaborate on reasons why he cannot sign the bills. The use of delaying tactics is also a proponent to show personal conflicts. I have to give one example of the “Local Bodies Act Islamabad” that has passed in the PTI regime many obstacles and lacuna are here even the public is suffering but the president is still silent and no action is to be taken. According to my analysis, the president should sign the Army Act and give assent in favor of the public as well as the National interest. The national interest should prime focus and rising unity with parliament.