Enhancement of the Role and Powers of the Senate of Pakistan
Resolution of the Senate
The Senate was created as a second House in the Constitution of 1973. Being a new House, it began with limited powers but over the years more powers were entrusted to this institution. During the three years of Senator Mian Raza Rabbani as the Chair of the Senate, one saw more assertion from the Senate on rights and scope of the Senate keeping with the international practices and the maturity of the House. On 13th February, 2017, Senate passed a Resolution articulating the dimensions and parameters of the expansion of its own scope to be taken up as constitutional amendments in the future. The resolution has not only given the concepts and areas where Senate should be entrusted with more authority but presents detailed homework as to what these amendments would be drafted. A summary of the changes recommended by the Senate collectively are given below and are a reflection of the wisdom of the Chair and the Senators:
- Since the Senate of Pakistan represents the Provinces and territories there is no direct linkages of the Senate with the provincial government structures. The resolution proposed that the Chief Ministers should be able to address the Senate.
- There had been concerns how some candidates are proposed from one province for the Senate elections without having much link with it, thus an amendment has been proposed that a candidate should be a resident of a province for at least five years.
- Since there are 342 members of the Assembly and only 104 Senators, the resolution proposed that In Joint sittings the weight of the vote of a Senator should be proportionally equal to that of a Member National Assembly, thus, giving the opportunity to the Senate to give its feedback on the same footing as National Assembly. In addition, this change also allows the joint sitting to be chaired by the Speaker or the Senate Chair. Earlier it was only the speaker of the Assembly who could chaired the joint sitting.
- It also proposed that the money bills should be passed by the Senate just like they are passed by the National Assembly. Currently Senate may recommend changes however it si the national Assembly that passes it. As a starting point the Senate asked to at least let them know which of the recommendations were taken up and which were not incorporated.
- – In the time when National Assembly is dissolved the functions entrusted by one House should be performed by the other House.
- All ordinances should be placed before both the houses within 120 days of their promulgation unless this time period is extended by any of the house or is disapproved altogether, the Ordinance will stand approved after tis time period.
- Senate should be allowed to authorize expenditure when a provincial assembly is dissolved.
- If there is any question on the conditions imposed on a province or if refusal by the FG to entrust functions is reasonable, the matter could be referred to the Senate as the house of the federating units to be resolved.
- If the NFC could not be announced within five years the Government will take permission from the Senate to extend this period and during this tiem the Senate may extend the Award upto 5 %.
- Any taxation bills that have a direct implication on the provinces should originate in the Senate rather than National Assembly.
- All major international commitments should be taken by the approval and endorsement of the Parliament.