Yet another constitutional crisis is brewing in Pakistan after President Dr Arif Alvi denied signing the Official Secrets Amendment Bill 2023 and the Pakistan Army Amendment Bill 2023, which were passed by the parliament during the tenure of the outgoing coalition government. The president claimed that he was shocked to know that his staff “undermined” his orders and failed to return the unsigned bills within the stipulated time.
President Arif Alvi has said that he did not sign the bills amending the Official Secrets Act and the Pakistan Army Act into law as he “disagreed with these laws”.
The bills, which were sent to President Alvi for ratification, allegedly aimed to amend the Official Secrets Act 1923 and the Pakistan Army Act 1952 to make them more effective in light of the shifting societal landscape and to ensure safety and security of official documents. The bills also granted intelligence agencies powers to conduct warrantless searches ‘anywhere and anytime’ and prohibited officials from participating in political activities within two years of retirement, resignation or dismissal.
Any person found guilty of leaking information obtained in the course of their official duties that is or may be detrimental to Pakistan’s security and interest of the armed forces might face up to five years in prison under the amended Army Act.
The only opposition party, Pakistan Tehreek-e-Insaf, accused the government of violating the constitution and undermining the democratic process. It also alleged that the bills were part of a plot by “foreign powers” to interfere in Pakistan’s democracy. The previous coalition government, on the other hand, defended the bills as necessary to protect national security and interest in the official capacity.
Legal experts, who have weighed in on the situation and its ramifications, predict turbulent times because the relevant bills cannot be said to have become laws without the President’s approval.
The looming constitutional crisis has raised questions about the role and powers of the president, who is supposed to act as a ceremonial head of state and not interfere in legislative matters. It has also exposed the rifts and tensions between the government and the opposition, as well as between the civilian and military institutions. The Supreme Court is expected to hear the case and decide on the legality and validity of the bills. The outcome of the case could have significant implications for country’s political stability and democratic future.
