No sanction available to governor to hold back billBy Tariq ButtISLAMABAD: A governor, being just a figurehead under the Constitution, have no constitutional backing whatsoever to delay for an indefinite period enactment of a bill passed by the assembly of his province.“A stage comes when even the governor’s nod is not required and the bill is deemed to have been assented by him after lapse of only ten days,” eminent constitutional expert Wasim Sajjad explained to ‘The News’ when contacted.He said same is the case with the president of Pakistan while dealing with the bills passed by the parliament. “The president and provincial governors have the same status -- titular heads -- in matters of lawmaking.”Elucidating Articles 75 (President’s assent to bills) and 116 (governor’s assent to bills), Wasim Sajjad said the two provisions have the same objective - legislation is not blocked by the president or governors.He said there had been precedents when the presidents and governors had been impeding the process of lawmaking by indefinitely delaying or refusing assent to the bills. This used to happen when the presidents and their provincial appointees, the governors, had been in conflict with the government of the day, he said adding that is why the two constitutional articles were amended so that the legislative business passed by the parliament or provincial assemblies is not encumbered.Article 116 says when a bill has been passed by the provincial assembly, it shall be presented to the governor concerned for assent and he shall, within ten days, give it. Or in the case of a bill other than a Money Bill, he may return it to the assembly with a message requesting that it or any of its specified provision be reconsidered and that any amendment specified in the message be considered.Wasim Sajjad said that the president or governor is bound to take a decision on the bill -- assent it or send it back to the legislature for reconsideration -- within the specified time of ten days. If they don’t do that, they will be going beyond the Constitution, he said.Article 116 further says when the governor has returned a bill to the assembly, it shall be reconsidered by the legislature and, if it is again passed with or without amendment by the votes of the majority of the members of the assembly present and voting, it shall be again presented to the governor, who shall give his assent within ten days failing which such assent shall be deemed to have been given.When the governor has assented the bill or it has been deemed to have assented, the piece of legislation shall become law and be called an act of provincial assembly.The corresponding article 75 dealing with the president’s assent to bills has almost similar language and timeframes. There is one difference -- when the president has returned a bill to the Parliament, it shall be reconsidered in joint sitting of the National Assembly and Senate and, if it is again passed, with or without amendment, by the Parliament, by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President.Wasim Sajjad said when a bill is sent to the president or governor, as the case may be, after its approval from the legislature following its return by him, there will be no need of their signatures on it after the lapse of ten days. “This way, the president or government is bypassed under the Constitution. The idea is that being the appointees, the president and governors can’t be empowered to prevent legislation by sitting on a bill for an unlimited time.”He said that the two constitutional articles have specified a clear-cut timeframe for the president or governor to act on a bill or be ignored so that there is no delay in lawmaking.Wasim Sajjad said it was only the parliament or provincial assemblies which have the powers to make a law or amendments in any bill approved by them. Even a comma or full stop can’t be altered by any individual and concerned legislature are armed with this power, he said. In view of Article 116, Punjab Governor Chaudhry Sarwar is not empowered to not assent the bill relating to the increase in salaries and perks and privileges of the members of the provincial assembly, ministers and others.Wasim Sajjad said that since the governor belongs to the same party that rules at the federal level, there is no conflict between the province and the centre as it had been in the past at times. Therefore, the differences may be sorted out with mutual consultations, he said.
from The News International - National https://ift.tt/2O6XCWY
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