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Is Speaker Asad Qaiser really taking unconstitutional steps to save PM?

Arooj Bhatti by Arooj Bhatti
March 28, 2022
FILE

FILE

Speaker Asad Qaiser has adjourned the National Assembly session convened till Monday regarding the no-confidence motion and once again raised questions regarding impartiality in order to save Prime Minister Imran Khan. Is Speaker Asad Qaiser really taking unconstitutional steps to save the prime minister?

No-confidence motion

Opposition parties had filed a no-confidence motion against PM Imran Khan on March 8. According to the rules, the Speaker of the National Assembly is required to convene a meeting within 14 days on the relocation of the opposition and the limit for convening a meeting under the relocation of the opposition was 14 days ie 22 March. Voting must take place within 3 to 7 days of convening the meeting and presenting the no-confidence motion.

Voting procedures and claims

The motion against the prime minister is an open ballot while a secret ballot is held against the Speaker of the Assembly or the Chairman of the Senate. The United Opposition has claimed that the numbers for the no-confidence motion in the National Assembly have been met. Opposition parties have 161 members in the National Assembly and the opposition has supported the PTI with 28 and a coalition party has claimed the support of 197 to 202 members of the National Assembly.

On the other hand, the government seems determined to thwart the no-confidence motion and PM Imran Khan has announced to surprise the opposition over the no-confidence motion.

Adjourned meeting

The Speaker of the National Assembly has adjourned the sitting till Monday. The Speaker said that it is part of the tradition of the Assembly that if a Member of Parliament has passed away, the sitting of that day is adjourned for one day. In keeping with tradition, I announce to adjourn the meeting for one day. I will take legal action against the no-confidence motion tabled by the opposition, said the speaker.

Speaker Asad Qaiser

The role of the speaker should be neutral. However, after the no-confidence motion against the prime minister, it has been seen that Asad Qaiser is constantly using delaying tactics. National Assembly Speaker Asad Qaiser convened a meeting of the National Assembly on March 25 after a series of delaying tactics, which was adjourned after a brief prayer.  Earlier,

Speaker Asad Qaiser had claimed that he could block the National Assembly session and adjourn it for a long time and no one could question him as it was his prerogative.

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 and the no-confidence motion must be convened in 14 days and voted in 3 to 7 days.

In the past, there have been motions against the Speaker and the Chairman of the Senate, and the Speaker and the Chairman of the Senate have been facing these motions. However, now Article 6 of the Constitution is very clear on the unnecessary delay by the Speaker.

Role of Supreme Court

The government has sought the help of the Supreme Court in interpreting Article 63A of the Constitution on the reports of government members going against the party on the no-confidence motion against PM Imran Khan. However, the Supreme Court had yesterday said that Article 63-A The aim is to prevent deviations from party policies. The collective opinion of the party is above the individual opinion. The collective opinion is important for the stability of democracy.

If Article 63 of the constitution allows a party leader to bar deviant members of his party from voting on a no-confidence motion, the disqualification of members involved in the floor-crossing could be banned for life, and violation of the Constitution can be prosecuted under Article 6 against the Speaker of the National Assembly.

Article 6 of Constitution

According to Article 6 (1), any person who uses force or violates the Constitution in an unconstitutional manner will be guilty of serious treason. Anyone who aids abets, or aids in violating the Constitution under Article 2 will also be found guilty of serious treason.

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