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Adjournment of NA session: Is Asad Qaiser disrupting no-confidence process?

Arooj Bhatti by Arooj Bhatti
June 14, 2022
Is Asad Qaiser disrupting no-confidence process?

Is Asad Qaiser disrupting no-confidence process?

The much-anticipated session of the National Assembly, with a crucial no-confidence motion against Prime Minister Imran Khan on the agenda, was adjourned by Speaker Asad Qaiser till March 28 (Monday) without tabling of the resolution.

According to Opposition, the move has once again raised questions regarding the impartiality of Asad Qaiser to save Prime Minister Imran Khan.

No-confidence motion

A delegation of senior opposition lawmakers submitted the no-trust motion against Prime Minister Imran Khan with the National Assembly Secretariat on March 8, PML-N spokesperson Marriyum Aurangzeb said.

Aurangzeb said National Assembly Speaker Asad Qaiser was not present in his office which is why the documents were submitted with the secretariat.

The opposition has submitted two sets of documents, one under Article 54 of the Constitution to requisition the National Assembly because it is not in session currently, and the other a resolution calling for a no-confidence vote against the prime minister.

Voting procedure and Opposition claims

If the National Assembly is not in session, the first step will be to requisition it under Article 54 of the Constitution. After this requisition – which must be signed by at least one fourth of the total members of the house – is submitted, the speaker has a maximum of 14 days to summon the session.

After the National Assembly is in session, the rules of procedure dictate that the secretary will circulate a notice for a no-confidence resolution, which will be moved on the next working day.

From the day the resolution is moved, it “shall not be voted upon before the expiry of three days, or later than seven days,” according to the rules of procedure. A vote of no-confidence against the prime minister is conducted by an open vote by division.

The opposition claims they have the numbers needed, with leaders adding that they have been aiming for the number of 197 to 202. According to the Opposition, they have 161 members in the National Assembly and they are getting support from 28 PTI members and one from coalition party.

On the other hand, the government seems determined to thwart the no-confidence motion while Prime Minister Imran Khan has announced a surprise to the opposition over the resolution.

NA session adjourned

Speaker Asad Qaiser adjourned the crucial National Assembly session, with a no-trust motion against Prime Minister Imran Khan on the agenda, till Monday.

The session began with the recitation of the Holy Quran and prayers for late MNA Khayal Zaman, former president Rafiq Tarar and Senator Rehman Malik. However, NA speaker Asad Qaiser announced that it would be adjourned in light of parliamentary convention.

It is parliamentary convention that the first sitting after the death of an MNA is limited to prayers for the soul of the departed and tributes fellow lawmakers wish to pay them.

Qaiser stated that according to tradition, the agenda is deferred to the next day when a member of the lower house passes. “This has happened for years,” he said, adding that this had happened a total of 24 times in the past.

PPP Senator Sherry Rehman condemned the delay and said the NA speaker could not arbitrarily delay the requisitioned session.

“If he violates Article 54, which read with Art 95 of the Constitution of Pakistan, enjoins on him the duty of calling such a session within the outer limit of 14 days, he will invoke Article 6 for violation,” she said.

What constitutional experts say

Experts familiar with the Constitution and the law say that the Speaker is bound to conduct the proceedings of the House in accordance with the rules.

After the no-confidence motion is tabled, the speaker has a maximum of 14 days to summon the session. Meanwhile, voting on the no-confidence motion must take place between three and seven days after the session is summoned.

According to Article 6, “Any person who abrogates or subverts or suspends or holds in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

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