Daily Times

The constitution of Islamic Republic of Pakistan begins with the word of Allah Almighty i.e. “In the name of Allah, the most beneficent, the most merciful” and in its preamble make is crystal clear the basic principles of state that “whereas sovereignty over the entire universe belongs to Almighty Allah alone and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust; and whereas it is the will of the people of Pakistan to establish an order wherein the state shall exercise its powers and authority through the chosen representatives of the people”.

If viewed, the present procedure of choosing the representatives of parliament, which is bicameral adopted on the line of British Parliament comprising House of Commons and House of Lords and US Congress consisting of House of Representatives and Senate, we will come to know that our Senate, which is upper chamber of parliament has been incorporated akin to Senate of United States of America by giving proportional representations on parity basis to each state/province.

In comparison with the House of Commons, the House of Lords powers are restricted. Their political clout is owed more to convention and tradition. The House has no influence on any bills relating to government’s finance. All members are appointed except 90 hereditary peers. In a nutshell it is more ceremonial than that of House of Commons, which is main legislature body and executive as well.

Senate is the upper chamber of the United States Congress whereas the House of Representatives is lower chamber. The Senate is composed of senators with each state being equally represented by two senators elected by direct votes of people of the particular state regardless of its population, serving a term of six years; with fifty states presently in the Union 1914, following the ratification of the 17 Amendment in 1913. As the Upper House, the Senate has several powers of advice and consent which are unique to it; these include the ratification of treaties and the confirmation of cabinet secretaries, Supreme Court justices, federal judges, other federal executive officials, flag officers, regulatory officials, ambassadors and other federal uniformed officers in addition to other ancillary powers. The Senate is widely considered both as a more deliberative and more prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere.

The Senate of Pakistan along with the National Assembly makes up parliament of Pakistan. The Senate’s composition and powers are established by the Article 59 of the constitution of Pakistan. Overall each four provinces are represented by 23 senators, eight senators from the tribal areas and four from the federal area regardless of population, who serve a six-year term. The Senate has several exclusive powers not granted to the National Assembly, including the powers of making parliamentary bills into laws. But it is a matter of grave concern that the whole one chamber is incorporated through indirect election by the votes of the members of provincial assemblies. It is an open secret now that most of the senators are in fact selected, use money and influence to become members through horse trading.

There are 342 seats of National Assembly but only 272 members are chosen representatives of people of Pakistan whereas 70 members comprising 60 seats of women and 10 seat of minorities which are rather appointed at the sweet wishes and whims of the heads of political parties on proportionate basis. It is well observed that an overwhelming majority of these members doesn’t have much long political career and roots in the common voters of the state and most of them are kith and kin, siblings, business partners, friends and blue eyed of the head of political parties; hence merit is totally overlooked on one account and essence of the democracy diminishes on the other.

I recapitulate my submission by observing that where one of the two chambers of parliament is not chosen representatives of people of Pakistan and 70 members out of 342 of National Assembly which is almost 23% are appointed, cannot be claimed as chosen representatives of people of Pakistan from definition of any dictionary. So my suggestion is that in order to fulfil the bona fide essence of democracy and soul of the constitution of Islamic Republic of Pakistan, senators should be elected through direct adult franchise votes whereas 20% seats of women and 10 seats of minorities of National Assembly should also be filled through direct votes of voters of Pakistan which will pave the way for better democratic norms, provide opportunities for workers of political parties to be part of parliament, empower women to actively work for the progress of nation shoulder to shoulder with men in real sense, make them feel held responsible before the people of Pakistan rather satisfying only to the head of the party.

The writer is advocate high court. He can be reached at atiq.myjurist@gmail.com

Published in Daily Times, March 12^th 2018.