Monday 15 July 2019
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The News - 4 days ago

No trust move against Sanjrani: Only president can summon regular Senate session, says Babar

ISLAMABAD: Former Law Minister and Legal Adviser of the ruling Pakistan Tehreek-e-Insaaf Babar Awan has said that no-confidence motionagainst the chairman Senate could not be moved in the requisition session of the Senate. The no-confidence motion could only be presented in the regular session of the Senate and the powers to summon the regular session are only with President of Pakistan, he said while responding to questions of The News on Thursday with regard to the ongoing debate on the no-confidence motion against the chairman Senate through requisition of the Senate session.Dr Babar Awan said Senate is House of Federation and formulated the Rule and procedure for conduct of business of House in the line of the constitution. The Senate s working procedure could not be formulated on the basis of anyone majority, he said.He said the opposition s requisition could only be taken according to procedures under which the Senate session could be summoned to discuss on matter of importance or matter relating to public importance within 14-days but in the requisition session no other business could be taken against the rules.Dr Babar Awan said according to rule 243 if there was ambiguity or doubt about any rules then the power lies with the Chairman Senate to settle the issue with making the decision on it.He said the Chairman Senate in the past sought the legal and constitutional assistance from Attorney General and many seasoned lawyers on the situation and matters when there was an ambiguity or doubt in the rules and decided matters in the light of their arguments.He gave the example of two ruling of the former Chairman Senate Mian Raza Rabbani through which the Chairman Senate ruling was accepted as final on the matters where there was an ambiguity as the constitution did not provide forum of appeal against the decision of the Chairman Senate. Neither there was mention of requisition of session to move the resolution of no-confidence motion against the Chairman Senate in the Rules of Procedure of conduct the Business of Senate nor any clause in this regard was included in the Rules of Procedure so it was an exclusive authority of the Chairman Senate to decide whether the resolution could be or not, he said.Dr Babar Awan was of the opinion that until and unless the Chairman Senate did not settle this issue in his chamber there will be no further action being taken on it. He said the same power lies with the Speaker National Assembly with regard to Finance Bill under which he decides whether any act of the Parliament comes under the purview of Finance Act or not. The Speaker ruling will be final on those matters on which there was any ambiguity or rules were silent, he said.In reply to a question, he said if the Chairman Senate made a decision on any matter then it could be challenged in the courts of law but the courts did not give their judgments usually on the internal procedures of the Parliament, he said.Dr Babar Awan said the resolution for no-confidence motion against the Chairman Senate could only be moved in the regular session of the Senate and the powers of summoning the regular session of the Senate lies with only the President of Pakistan.


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