The fifth parliamentary year of the 13th National Assembly witnessed the tussle between the executive and judiciary reaching the parliament as an elected Prime Minister was disqualified by the Supreme Court which also struck down the contempt of court law passed by the parliament. The first half of the parliamentary year was consumed by the tussle between the judiciary and the executive over implementing the Supreme Court’s verdict in the NRO case as the National Assembly passed two resolutions to express confidence in the leadership of the Prime Minister and backing the Speaker’s decision of not sending the premier’s disqualification to the Election Commission of Pakistan.
Ten regular sessions were held during the fifth parliamentary year. The National Assembly held 88 actual sittings during the year, meeting for 194 hours. On average each sitting lasted two hours and 12 minutes, witnessing an average delay of 64 minutes. A total of 37 bills were passed during the year. The National Assembly’s last session witnessed the passage of more than one-third of the total bills passed during the year – five private members’ and nine government bills. The National Assembly twice amended the law on terrorism, passed a bill to set up an authority to counter terrorism, besides passing laws on establishing universities, and ending corporal punishment in schools.
The Speaker chaired 27 sittings while the Deputy Speaker attended 70 sittings during the fifth year. Before the Prime Minister was disqualified by the Supreme Court in the contempt of court case, he attended four sittings. The incoming Leader of the House who took oath on June 25, 2012 attended 15 sittings as Prime Minister during the fifth parliamentary year. The Leader of the Opposition attended 21 sittings.
After the Prime Minister was convicted by the Supreme Court in the contempt of court case in April 2012 for not writing letter to the Swiss authorities to open graft proceedings against the President of Pakistan, the budget session of the fifth parliamentary year was marred by strong opposition protests demanding the premier’s resignation.
Though history was made when the government presented the fifth consecutive budget in the National Assembly becoming the first elected civilian government to do so, the Prime Minister’s conviction in the contempt case and other political issues overshadowed and marred the budget session which also witnessed a brawl between legislators. Amid the opposition’s protest the Finance Minister’s budget speech only lasted 23 minutes. Only 41 legislators took part in the debate on budget – much less than 139 legislators who spoke on the budgetary proposals during the fourth parliamentary year.
However the saga of implementing the Supreme Court order of writing letter to Swiss authorities continued. In a bid to save the new Prime Minister from disqualification ahead of the Supreme Court hearing of the National Reconciliation Ordinance implementation case in July 2012, the government and its allies hurriedly got passed the Contempt of Court Bill from the parliament. The bill which exempted “holders of public office” from contempt proceedings in “exercise of powers and performance of functions” and allowed for suspending a sentence during the pendency of an appeal was rushed through the National Assembly and Senate amid protests by the PMLN and other opposition parties. Though the law replaced the Contempt of Court Ordinance 2003, in an extraordinary move the Supreme Court declared it null and void on August 3, 2012.
The assembly twice amended the Anti-Terrorism Act 1997 to give more powers to the law enforcing agencies such as taking action against financers of terrorism and the 30-day preventive custody. Another long pending government legislation – the National Counter Terrorism Authority Bill – was passed to set up an authority to counter terrorism. Earlier the Investigation for Fair Trial Bill 2012 was also passed. But the unattended agenda of the National Assembly largely focused on issues relevant to public wellbeing such as employment, rising poverty and growing inflation. The Charter of Child Rights Bill, the Domestic Violence (Prevention and Protection) Bill, and the Senior Citizens Welfare Bill were some of the private member’s bills that were not taken up.
However, the National Assembly passed 10 private members’ bills including the Prohibition of Corporal Punishment Bill, the Reproductive Healthcare and Rights Act. The Election Laws (Amendment) Bill 2013 was passed to revoke the Chief Executive’s Order No. 7 of 2002 which amended the Representation of Peoples Act 1976 to make it compulsory for candidates to submit their nomination papers in person, preventing leaders of major political parties, outside the country at the time, to contest the elections. The amendment omits this order allowing candidates’ purposer, seconder or other nominee may submit the papers on their behalf to the Returning Officer.
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