ISLAMABAD:Minister for Law and Justice Azam Nazeer Tarar Monday said President Dr Arif Alvi could announce the date for the election of the National Assembly and not that of the provincial assemblies after their dissolution.
He had no constitutional jurisdiction to announce the date for the elections of Punjab and Khyber Pakhtunkhwa assemblies, and thus he had violated the Constitution, the minister said while speaking in the National Assembly.
He said Article 48 (5) of the Constitution allowed the president to announce the date for the election of the National Assembly after it was dissolved by him.
Article 48 (5) says: ” Where the president dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the Assembly and appoint a care-taker cabinet.”
Azam Tarar said,”Article 105 (3) allows the governor to announce the date for holding the election to respective provincial assembly if he has dissolved that assembly.”
The Article 105 (3) says:” Where the governor dissolves the provincial assembly, notwithstanding anything contained in clause (1), he shall appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the assembly and (b) appoint a care-taker cabinet.”
The minister said the Punjab Assembly was not dissolved by the governor, rather it stood dissolved after 48 hours of the advice given by the chief minister. The governor had refused to sign the advice.
Moreover, the president could not fix the election date as the matter was sub-judice, he maintained.
As per Article 218 (3), he said, it was the responsibility of the Election Commission of Pakistan to conduct the elections.
Article 218 (3) reads: “It shall be the duty of the Election Commission to organize and conduct the election and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law, and that corrupt practices are guarded against.”
The minister said those talking about upholding the Constitution had themselves violated the Constitution in the past also. The National Assembly was dissolved within three minutes by the president after the ruling of the former deputy speaker, which was later set aside by the apex court, he added.
He recalled that the president had even refused to administer the oath to Prime Minister Shehbaz Sharif.
Earlier speaking in the House, Minister for Defence Khawaja Muhammad Asif said, “The president’s announcement of the election date for the provincial assemblies is unconstitutional, and the law will take its course in this regard.”
He alleged that President Alvi was “toeing his party’s line”. According to the Constitution, the president could announce the election date for the National Assembly not that for the provincial assemblies, he added.