ISLAMABAD, Jan 15: President Pervez Musharraf has convened the joint session of parliament on Saturday to address it for the first time after the elections in 2002. The president is required under Article 56(3) of the Constitution to address a joint session of parliament at the commencement of the first session of each year.
The president did not address parliament for one year due to the hostile attitude of the opposition which was not allowing parliament to function smoothly, demanding that the Legal Framework Order should be brought before it.
According to an announcement made on the official media, President Musharraf has convened the first joint session of parliament to meet on Saturday at 11am. The decision of the president to avoid parliament was considered by legal experts as a violation of the Constitution.
Constitutional expert and Member of the National Assembly Chaudhry Aitzaz Ahsan said it was sad that the joint session had been convened at such a short notice. He said convening of the joint session at a one-day notice was against the rules, and at least a two-day notice was necessary.
"It shows that the government is nervous and not sure of itself. It has also not done anything so far to win the confidence of the opposition, which is ARD alone." Mr Ahsan said Gen Musharraf had to explain why did not he address a joint sitting for one full parliamentary year. "It is obvious that he did not do so because he did not consider himself a validly-elected president through the referendum of April 30, 2002."
The government legal experts, however, are of the view that even if the president does not address the session no consequences would flow as Article 56 provides no consequence in case the requirement under the provision is not fulfilled.
They contend that Article 56(3) was not "mandatory" but "directory" in nature and a plethora of case laws were available that if a "directory provision" is not acted upon, no consequences flows.
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