LAHORE, April 5: The new constitutional package to be introduced during the next session of the National Assembly will take away many crucial powers of the president, smoothen the functioning of the Council of Common Interests (CCI) and ensure that autonomy granted to provinces by the basic law is not violated by anyone on any ground.
Sources privy to the package told Dawn on Saturday that the procedure for the appointment of judges could also be changed, and specific roles would be prescribed for the federal government, provincial governments, opposition parties and bar associations. The provisions of the Charter of Democracy signed by the PPP and the PML-N would be followed by the lawmakers.
To be called the Eighteenth Constitutional Amendment, the package will do away with what are called distortions made and patchwork done on the basic law by various governments to serve their momentary interests.
While the PML-N thinks that the reinstatement of judges will not be part of the package, some other sources say the matter that has created a crisis-like situation will also be resolved in one go. The package will also determine the status of the steps taken by President Pervez Musharraf on or after Nov 3.
The sources said the power of the president to dissolve the National Assembly under Article 58(2)-b of the Constitution, appoint provincial governors and services chiefs, impose governor’s rule in any province or declare a state of emergency would be withdrawn.
After the approval of the amendment by both houses of the parliament, the president will be reduced to a titular head, just like the one in neighbouring India, sources say. Once the president is ‘unarmed’, there will be no need for the parliament to impeach him, the PML-N leaders say.
The PPP leaders have already said that they can work with Musharraf unless he interferes in the parliament’s affairs.
The sources said that when the president was stripped of his power to impose emergency or governor’s rule in a province, the authority would be delegated to the parliament which would devise appropriate policy to deal with a particular situation.
While there are plans to do away with the Concurrent List of the Constitution, the subjects mentioned in it could be transferred to provinces, as a result of which their quantum of autonomy would increase.
While the composition of the CCI is already mentioned in the Constitution, no notification would be required to make it functional. The CCI would be made self-operative and it would meet once a quarter.
It would deal with the concerns of the provinces on a regular basis.
It is said that there was also a plan to subject the defence budget to audit. However, the plan has been dropped because of its negative implications and the annoyance it may cause.
According to the sources, the deposed judges would be reinstated through a resolution by the National Assembly.
If necessary, the prime minister would also issue an executive order.
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