Debate on ordinances.

THE good news is that the debate on the use of ordinances as the preferred mode of legislation in Pakistan has recently gained momentum. Not only is the PTI-led federal government being criticised for promulgating almost as many ordinances as the bills passed during the past 28 months of its rule, questions are also being raised about the past governments led by other parties like the PPP and PML-N in the context of promulgation of ordinances.

The most recent development in this context is the motion moved by 34 senators led by Raja Zafarul Haq, leader of the opposition in the Senate, on Jan 1, which sought discussion on 'the alarming propensity of the federal government to usurp and subvert parliamentary and provincial rights guaranteed in the Constitution by attempting to rule the country by ordinances....' The motion, which equated the use of ordinances with 'usurpation and subversion' of constitutional rights, forced the government and its law minister to defend the frequent promulgation of ordinances on the weak ground of not having a majority in the Senate. The government line of thinking indicated that they believed in the principle of brute majority which they lack in the Senate at present and therefore they had to resort to ordinances. This approach is in stark contrast to the universally accepted democratic approach of seriously engaging with the opposition, striking a compromise and modifying legislation after incorporating the opposition's point of view, of course, to the extent possible.

The government's line of thinking indicates a belief in the principle of brute majority.

The opposition members pointed out the risks which the ordinances pose to the integrity of the federation especially the ones dealing with contentious issues between the federation and one or more provinces. Cited as an example was the Pakistan Islands Development Authority ordinance, which had been promulgated by the president on Aug 30, 2020, despite Sindh's strong reservations over the ownership of the islands. The ordinance expired on Dec 30 because it was not passed by parliament. But, despite its expiry, the ordinance generated a great deal of controversy and further spoiled relations between the federation and the Sindh government. Instead of using a quasi-democratic instrument of ordinance, it would have been a far better idea to introduce a bill in one of the houses of parliament, debate it threadbare in the concerned parliamentary committee to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT