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The Arkadians have been named winners in the ENON CRUC RCM CoN Doster Rea cei etcce Coutts best Residential High Rise Architecture as well as the best Residential Interior Apartment Pee en TMU mre Asia Pacific Property Awards 2020-21. Mm) or Details DHA Phase VI, Karacht, Pakistan Tel: +92 GROUP of info@erecktew com | wwwic ASIA PACIFIC PROPERTY AWARDS exe ett toons cL yloyloeloy 4]Contents FEBRUARY 2021 FEATURES Et tu, Brute? Senate: Where it came from? Pakistan's upcoming Senate elections have brought up questions of opacity ‘over how Senators are elected. We share a brief history ofthe institution's development as an upper chamber from its ancient Roman roots 7 Pakistani Senate Elections The Good the Bad and the De Moced Pirzada Prominent TV anchor and Editor Global Village Space sheds light on the ttanston of Palisans unicameral parlamettary system ito a WezieraL Gneand PIl government's move to seek an advisory judgement from the Supreme Court om he question of open Vlei be backdrop ofthe upcoming Senate elections lL Why or why not an ‘open ballot: Insights by experts Senate Elections 2021. hts by ex PTT goverment has approached the Supreme Court for an advisory jndgtnent over the poetoiity ofan “open ballot” GVS sought views ‘on strom poltical doyens, legal & Constutional expert and civil Society acts 16 The Broadsheet saga is the ‘crash’ of Pakistan's institutions Hassan Aslam Shad yon ora : Intemational lawyer gives a stinging analysis of Pakistan's series o blunders and missteps once again on te intemational aw fron this ime ‘Broadsheet Saga. He ar to-do away ith on international experts and setup a Lawfare minist PAKISTAN towards 2030 - Desperate Need for legal & Judicial Reforms Dr. Farooq Bajwa Historian and tained legal mind argues that Pakistan's colonial-er legal system is archaic and unable to serve the country’s growing needs for lobal integration, credible commercial transactions and justice for the ‘common man, He presents the legal and judicial reforms urgently needed, Special Feature Export Challenges for Pakistan 2030 24 Pakistan's Exports ~ Unexpected surge amidst new opportunities Auizullah Goheer Secreiary-Gencral of Pakistan Textile Exporters Association (PTEA) "unpacks the paradox of the current rising Pakistani exports. Gober explains how Imran Khan goverment s olces and reforms coming along with the Covid-19 supply chain disruptions among regional oumies, have given a new boost o Pakistan's exports © — 65 Magening — abrvary 2021 1 wn. globolvillagespace.com27 Breaking out ofthe textile economy Treat development constant res hat Pakistan nods to diversify fs narow export task rough ae add prods we rover sport ese on Seco diven fy innovation an drei 30 Top Exporters of Pakistan ‘Rankings may vary year to year, but we have identified Pakistan's Top Six Exporters and explained what they do, all are inthe textile field! 32 Making Trade Policy Work for Pakistan's Productivity Growth Gonzalo J. Varela Senior World Bank Economist argues that Pakistanis in dre need of import duty reforms to achieve economie growth. 34 Titans of Pakistani Business Brief account of Pakistan's top business ‘groups that drive the countey's economy and ‘contribute to exports 36 Adopting E: t-led Strategy fc Sustainable Growth ‘An “exports fits” approach requires ‘the government to deliberately allocate resources toward sectors that produce forthe ‘export markets atthe expense of domestic ‘consumption. The article looks at some of the structural adjustments that are needed, 38 Miftah Ismail blasts PTI's economic performance Pommer Fane Minister, and PMLY’s leading ‘ole on the economy, De Miia oma epsin why be poverntment hype on export hunbers nothing isto crow over piven the massive deprecation the county Basson the pts ees 40 How the Afghan Endgame can spiral out of control Lt Gen, (R) Tariq Khan Former Commander I4th Infantry Division in South Waziristan analyses the complex challenges forall stakeholders inthe Afghanistan end game, as the Biden administration ordets& review of the Doha Peace Deal 43 Can Biden repair American power? ‘Syed Muhammad Ali Director Nuclear & Strategic Affairs atthe Centre for Aerospace & Security Studies (CAAS) urges President Biden fo urgently repair the loss of influence of American power inder President Trump by reviving the US leadership on the international front, He argues itis only by using American power wisely, that itcan pursue its security policy agenda www.globabvllagespace.comt 40 How the Afghan Endgame can spiral out of contol TUCO COUN Cen AUN February 2021 46 Decision 2020: All eyes on Beijing Zoon Ahmed Khan China-based News Anchor argues that even ‘witha new man inthe White House, the threat Perception regarding China's rise wil say and fo will America's intimidating posture 49 Forgotten women of Kashmir: 30 years on. Ambassador Malik Nadeem Abid ‘Kashmiri Human Rights activist, ftom New York, remembers that “Kashoni ‘Women's Resistance Day” began as an effort to recognize the struggles of women living under the Indian occupation, 52 Mass Graves of Kashmir Ahmar Hussain & Warda Navab GVS Sub Faitors remind us har a8 we ssberthe as apeso Kann & Pshprs offen nit becomes imperative toremember the mass graves of Rashi 54 World Bank Country Partnership Framework 2022-2 Mr Najy Benhassine We give an overview of the World Bank in Pakistan, as it sets up its priorities for the country under its upcoming five-year strategy 2022-26. 56 -e-Azam Business Park (QABP): Beinverchange & Mulupurpose Complex PIEDMC’s Quaid-e-Azam Business Park (QABP) is st to get a dedicated interchange, near Monosaranwala on the Lahore- Islamabad (M-2) motorway, facilitating industrial traffic out of the SEZ. tow: Lahore and Islamabad. In addition, a modem Multipurpose Complex will also be launched soon to facilitate SEZs industrial customers 58 Keeping Hunza clean Launched in 2019, Clean Hunza project i an iatve on wate manager by zal ‘rct Couneil, in with Nestle Pakistan, Cit’ Baltstan Weste Management Company (GBWMO), and Karakorum Area Development Onganization (KADO), Mari Petroleum Company awarded four new blocks Government's renewed focus on finding domestic hydro-carbon fuels (eas and petrol) sources for encrgy-starved Pakistan, to Tessen 4 export-ampor ill sees the provisional awatd of 4 new exploration blocks to Mai ctoleum Company Limited (MPCL). 62 Mustafa Akyol talks about Islam, interpretation and instigation Senior Fellow on Islam and Modernity atthe Cato Institute, USA, discusses challenges to democracy and freedom inthe Muslim world. OVS Mogexine — @)CEO & Editor Dr. Moeed Pirzada Managing Editor Najma Minhas Strategic Affairs Editor Shahid Raza Special Features Editor Zahra Raja ‘Sub Editors. Ahmar Hussain Warda Nawab Farah Adeed Shahmir Niazi YouTube Channel Zeeshan Mahmood Maya Natasha Research Analysts Anoosha Shuja Rida Hussain Siddiga Akbar Noor Fatima Administration Junaid Gondal ‘Technical Team Zeeshan Khan Finance & Accounts Zain Ali tribution Faisal Nadeem Creative Design Zohaib Ali Naheed Jaweed Muhammad Moheeb i] ge ISSN: 2616-8723 Contact Us ‘Subscribe subscribe@globalvllagespace.com Advertising advertising@globalvillagespace.com, Letters to Editor contacti@globalvllagespace.com ‘editor@globalvillagespace.com 61-281 7160, ‘Website: www globalvillagespace com 051-844 3155 Mode of payments Bank Transfer (net ofall bank charges) ‘0: ‘Account name: Global Village Space Publications Pvt Lid ‘Account no: 236430245 ‘UBL branch code 1376 oT Markeaz Islamabad ‘Send usa cheque Cheque shoul be made in favor of Global Village Space Publications Pvt Ltd Flat 2, third floor Panther Plaza, FB Markaz lslamabed ‘Subscription Rates 1 Year (12 issues) fr just Rs.3780 Global Village Space 330% Stal Reser Fay Mere ordeals “pet s00-s010109 BB to2-200-s010100 ED sionagotavilgecomEditorial ‘On the domestie political front, Pakistan Democratic Movement (PDM) an alliance of 11 opposition political, parties has failed to generate the kind of street momen ‘um it was looking for to pressurize Imran Khan gov- ‘emment to submit to their demands to change NAB. laws, This has shifted the focus back to the parlia- ‘ment and the senate elections. Unfortunately, Senate elections are synonymous ‘with gutter-level comuption, horse-trading end sell- ing of votes. PTI government has taken a high moral stand that it wants to clean this stable once and for all. Ithas introduced a new bill in the parliament fora constitutional amendment that will make possible for ‘open, transparent senate elections replacing the secret vote that is curently mandated by the constitution, Behind this clevated rhetoric of the Prime Minister ‘may lurk the fear Uhat Zardari and Nawaz and maybe a third force will conspire against him in the senate cle tions and deprive PTI to gain its due majority in the Senate which is expected if PTI MPAs don't vote for their own ‘candidates. Government lacks the two:third majority in the national assembly, so success in bringing the desired constitu- tional amendment looks difficult ~ will the moral pressure help oop the PTL MPAS in line is the real question, But our focus lies elsewhere. Inthe January issue we had made a commitment that we will atempt to draw the atte tion of the government, political parties, strategic institutions, judiciary, academia and media towards the “real issues” that confront Pakistan at the beginning of a new decade of 21st ‘century — and we will ty sparking alternate debates — we are continuing with that commitment. ‘Our special feature is on Pakistan's exports. We firmly believe that way forward for the country of 225 million with {65% under 35 lies in building export competitiveness. Itis not merely a question of eaming $ or building foreign exchange reserves a8 governments and politicians often refer to, But there is a much bigger rationale for that. Over the last several decades, Pakistani businesses, government agencies, profes- sional bodies, courts, legal, regulatory and state institutions have existed in a world of their own, National institutions in the public and private sector and by extension, Pakistani peo- ple and citizens at lange have not worked towards producing ‘quality products and services. Export competitiveness, if accepted as a goal, can work backwards to improve things, attitudes, processes, laws, courts land the whole system of governance that has not been struc- tured around the idea of modemity and competitiveness. For instance: Has anyone ever heard of "ideas" being exported from Pakistan’ To us, export competitiveness is part of global integration, In this issue, you will find much on the subject. Avir Goheer, seeretary-general of Pakistan Textile Export Association (PTEA) and himself a manufacturer tells read ‘that how various reform initiatives taken by the government ‘combined with the supply chain disruptions aeross the region have helped Pakistani exports to grow faster than India and Bangladesh inthe last few months, However, Hasan Khawar, public policy analyst, argues that Pakistan needs to grow be- yond its reliance upon textile exports into other newer areas like information technology and the design [No real progress is possible without the legal and judicial reforms. Country's courts are simply not geared to provide @ system for smooth commercial transactions ~ be in real es- tate or intellectual property disputes. Disproportionality large number of Pakistani lawyers only specialize in two areas: bal and stay order asthe recent exposures around “Qabya Matias" reveal where influential politicians are found to be in posses- sions of undue “stay orders” that continue for years. Dr. Faroog Bajwa's analysis of the Pakistani legal system is a must-reed. Also, Hassan Aslam Shad’s pieve centred around Broadsheet PLC scandal is, in reality, an indictment of governance in the country’s legal institutions, And there is much more to chew in this issue. Looking forward to your feedback! Send to Tditor@ GlobalVillageSpace.com with your name and institutional al- filiations; we may publish these with your details. Do subscribe to our GVS News Youtube channel: wih, BE Editor ‘Najma Minhas ‘Managing Editor @MinhasNajma Editor@GlobalVillageSpace.com| Et tu, Brute? Senate: Where it came from? ‘ulius Caesar kept standing while senators were stabbing him from all directions; he fell, when his loyalist Brutus also pierced him with his dagger, saying: “Et tu, Brute?” ven you, Brutus”, The quote from Act 3, Scene 1 of William Shakespeare's play Julius Caesar has immortalized the Roman Senate, Today, thanks to Netflix, there is no shortage ‘of movies and documentaries reminding us of the treacherous nalure ofthe Roman Senate, The picture depicts the Senate ofthe Roman Republi, ancient Rome. 509 BC ‘The word “Senate” is derived from the Latin term Sena- ‘us, that means a couneil of elders (Senex meaning ‘old man’ in Latin). Elders that were supposed to guide the politics and society with their age earned wisdom, Rome's illustrious Sen fate was the prerogative of the aristocracy. One needed a lot ‘of money from respectable sources (agriculture and not “busi- ness’), ad to be popular among the voters and needed power- ful connections! After @ Roman magistrate (an elected office) served his term in office, he would be automatically appointed to the Senate. The political intrigues that underlay the election fof Roman consuls would not look too different from what is alleged to happen in Pakistan. With a bit of eynicism, we can casily claim that the Senate was always a club of powerful, corrupt old men. Diteh Daves, an Australian actor, played the role of Julius Caesar in ‘Roman Empire'- a Netflix production. o- Roman Senate served as the dominant branch of govern- ment. It was the Consuls (two were elected to serve for one yeat), who led the armies and the government in Rome. While aan lected Assembly did exist to look at the legislation, the Senate controlled the empire's finance, day-to-day adminis- tration, and foreign policy. During an emergency, the Senate could also authorize the appointment of a dictator, which they ddd on several occasions = the most famous in Roman history being “ulus Caesar “The Senate disappeared by the early middle ages but re- tumed under modem democratic era; which saw many coun- tries adopting the model of having two houses of decision mak- ing; a “lower” one which is elected, and an “upper” house that may be elected, appointed or may inherit their position (as was the case in the UK until recently) and kept watch over the low er house, Currently, around 40% of the world has a bicameral system in which two legislatures exist ~ but real power always lies in the lower house, except the US where it’s not that black and white The picture depicts Henry Clay of Kentucky (center stage) while introducing the Compromise of 1850 to the Senate - US Senate, 1850 US Senate, probably the most famous in the world eur. rently, was formed in 1789 on the lines of the ancient Roman Senate; the aim was to give each state in the union an equal representation in the running ofthe nation without regard to its population, Each state sends two senators to Washington. Tn the US from 1789 to 1913, senators were appointed by legislatures from the states they represented, Following the 17th Amendment in 1913, they are elected by popular vote Interestingly, this amendment came after problems surfaced over bribery and intimidation, intrastate politcal struggles, and vacant seats due to the legislature's inability to elect senators, Maybe in 2021, Pakistani politics has finally reached the stage of consciousness where the US was in 1913, Let's wait til the end of February to find out 202) ———lww comDomestic Poi PAKISTANI SENATE ELECTIONS The Good, the Bad and the Ugly? Dr. Moeed Pirzada Prominent TVanchorand Editor Global Village Space sheds light on the transition of Pakistan s unicameral parliamentary system into a bicameral one and PTI government's move to seek an advisory judgement from the Supreme Court on the question of ‘open vote" in the backdrop of the upcoming Senate elections. Will it be able to curb the malpractice of horse trading — a new open market in the electoral arena of Pakistan? principle that senate elections ~ due in March ~ should be held through an open transparent ballot; instead of the seeret vote as mandated by the constitution, This ‘ow represents the latest chapter in the never-ending tug of ‘war between the government and its myriad opposition — and ‘becomes important because the PDM movement, on the streets, appears to have stalled bringing al political focus back into the parliament. In December, the government had moved a reference in the Supreme Court of Pakistan seeking the apex body's advice fn the issue. The court started hearing the reference in the frst week of January 2021, and sought replies and opinions from 1 wide body of stakcholders including all politcal parties, provincial governments and state institutions like the Election ‘Commission of Pakistan. In the last week of Fanuary, the Khan government suddenly announced that it will now introduce bill in the parliament seeking a constitutional amendment to provide for an open transparent ballot. Apparently, the govern ‘ment fears that the supreme court will not grant its request and will advise the matter to be decided in the parliament ~ as the ‘opposition parties had been arguing from the very beginning. However, PTT members keep reminding the PML-N and PPP leaders on tv shows that both these parties (PPP and PML? hhad themselves agreed, in the famous "Charter of Democracy jn 2006, that Senate elections should be through an open bal- Tot but in the ten years of PPP and PML-N rule (2008-2018), they never introduced a bill in the parliament to give this com mitment an effect ‘Why the Pakistani political system ended up witha senate as an upper chamber of a bicameral parliament is not clear. ‘This was certainly not on the minds of ts earlier politcal think ets be it civil dictators or the military interventionists. When the Second Constituent Assembly, convened in May 1955, framed and passed the first constitution of Pakistan in Febru- ary 1956, it provided for a parliamentary form of government with a unicameral legislature ~ unlike India where Nehru and Ambedkar’s frst constitution established Rajya Sabla as the ‘upper chamber ofa bicameral parliament in 1952. After the 1958 martial law, Gen, Ayub Khan government appointed a Constitution Commission in February 1960 which ‘vamed the 1962 Constitution, This 1962 Constitution provided for a presidential form of government again with a unicam- eral legislature. The 1962 Constitution was abyogated on 25, March 1969, The Civil government, which came to power in P: Imran Khan and ruling PTT are trying to establish the © evs Mager Ftrvary 2021 December 1971 pursuant to 1970 elections, under the leader- ship of PPP founder, ZA Bhutto first gave the nation an interim Constitution in the year 1972. The 1970 Assembly framed the 1973 Constitution which was unanimously passed on 12 April and promulgated on 14 August 1973. This 1973 Constitution that has often been referred to as Bhutto's great achievement in Pakistani polities, again provided for a parliamentary form of eee ead ‘Gen Zeul Hog mpeseamervllow. derung senate of on repreventaten or wvw.globelvillagespace.comGovernment ~ but this time with a bicameral legi Domes Plt slature, com- prising of the National Assembly and the Senate. In the new Scheme of things the Senate also compared with the House oo Why Pakistani political system ended ‘of Lords in the UK ~ was given a permanent character, unlike the National Assembly of Pakistan that ean be dissolved on the up with a Senale as an upper cham- advice of the Prime Minister, Senate ~ as per Pakistan's consti- ber of a bicameral parliament is not tution - cannot be dissolved. Bhutto may have though this as a bulwark against possible military interventions — history soon proved him wrong, polis andi media diasionswhee't wate fered BE it civil dictators or the milita clear. ‘This was certainly not on the minds of its earlier political thinkers asa "permanent structure". However, this "permanence theory" interventionists. 9@ ‘was severely tested in July 1977 when Gen, Zia overthrew Bh tto's second goverment; both National Assembly and Senate ‘were sent packing, On 24 December 1981, under Presidential government of Gen. Pervez Musharraf raised the membership Order (P.0.15 of 1981), a Federal Council (Majlis-e-Shoora) of the Senate from 87 to 100 through the Legal Framework Or- ‘was constituted by the president, Its members were nomi der (LFO), 2002, enforced on 21 August, 2002, and the govern- nated by the president. The first session of this Council was ment of Asif Ai Zardari raised the membership of the Senate held on 11 January 1982. This so-called "Federal Council" of from 100 to 104 through the [8th amendment in 2011 (four mi- ‘Gen. Zia became the precursor of Senate after the 1985 par- _nority members from four provinces). After the Twenty-Fifth ty-less elections, The constitutional romanticism of "Senate Amendment, the number of seas in the Senate was reduced to being a contiauous structurc" was perhaps given credence by 96, as the seats for FATA were removed after its merger with ‘Gen, Musharraf who ~ after the Oct 1999 coup ag Nawaz government ~ did not abolish the Senate. wgainst second KPK. The fundamental sense of Senate being an upper cham- ‘ber where all provinces — irrespective of their population size ‘The membership of the Senate also kept changing. Itwas have an equal representation stays, This is often compared ‘originally 45, was raised to 63 in 1977 and to 8 1985. The to the US political system where even the largest states like New York and Califomia, have only two sens- tots like Idaho or Kentucky. But similarities end Rama ed haere because, in the US, senators are often hugely Seen SE Sey popular figures of their communities and are di- recily elected by the people (since the early 20%h SectOnrewion | Feedrensroriienofcheorineroionent Gamavakecused | TOY weedy Me people (ines he a Min age ores S80 consists of the combined numbers of the Nation- Tot enors 1 eave Forno he arene al Assembly and the provincial assemblies elects Pa ceaerource senators indirectly. And this is where the problem lies. Since smaller provinces like Balochistan a River Pals be el ore tation in the Senate, the votes cast by the MPAS —_ — from these provinces become disproportionately ao ves important or pethaps erucial in the process. Vote ent aesies trading may have gradually started in the early nary sss oro 1990s, but by 2008 it had assumed the form of an ‘open market ~ where MPAs sell votes like shares ina stock exchange. ples”? 2 In April 2018, Imran Khan, then an oppo- E sition Teader, expelled almost 20 MPAs of his erie rer provincial party (PTI that ruled Khyber Paki Se SENN EE | ttnkhiva~after an enquiry that allegedly revealed etionCammszan satan” E59 that these 20 MPAs had voted, in the Senate elec tions of March 2018, against party’s directions Seteerestaed previice PTLbad not obtained as many senate seats as were — = expected on the strength of its numbers inthe pro- a vincial assembly and it was assumed — on good votes requree oboe So a reasoning - that the dissenting MPAs had betrayed Sovle Bacenetn 3 the party after selling their votes. It is believed ee @ that buyers were PPP of Asif Ali Zardari and the aT iy payments were made through a business tycoon ‘who faithfully kept video recordings of these COPEL USL nw | clandestine cash transactions for later use. Khan's Ihe cye contnuer need ous eed decision was smart. General elections were to be www globalvillegespace.com | hheld in July of 2018 ~ and interim set up was ex February 2091 evs Magerne — @Domest Pot The Senate Hall is situated on the 2nd floor of the Parliament House building, inaugurated on 28th May, 1986, pected in May. PTI scored a huge moral victory, established principle without much of a risk. But a moral principle was nevertheless established that vote far the senate ~ held in secret as per the constitution — should be open and transparent, per hhaps through a show of hand It was in this background that the Attorney General of Pa- kistan, Khalid Jawed Khan, had on December 23, 2020, moved the I -page reference under Article 186 of the Constitution te- lating to the advisory jurisdiction of the Supreme Court ~ on th {question of "open vote”. The president had sought the court’ advice on whether the condition ofthe secret ballot under Art cle 226 of the Constitution applied to the Senate elections. Thi reference was filed soon afler the cabinets decision to hold the elections for 52 senate seats that will fll vacant, following the retirement of some senators from the 104-member upper house of parliament on March 11, 2021 ‘The cabinet had on December 15 decided to hold the Sen- ate elections in February and invoke advisory jurisdiction ofthe Supreme Court on open voting. A five-member bench headed by Chief Justice of Pakistan (CIP) Gulzar Ahmed also issued notices to the speakers of all provincial assemblies, speaker of the National Assembly, Chairman Senate, and the Election ‘Commission of Pakistan (ECP), © = evs Mager Febrvary 202 66 Vote trading may have gradually started in early 1990°s but by 2008 it had assumed the form of an open market — where MPAs sell votes like shares in a stock exchange. 99 ‘The government reference had argued that the condition of secret balloting referred to in Article 226 of the Constitu- tion of 1973 is applicable only to the elections to the office of president, speaker and deputy speaker of the National AS- sembly, chairman and deputy chairman of the Senate, speakers and deputy speakers of the provincial assemblies and not to the elections for the members of the Senate held under the Elec~ tions Act 2017. ‘The presidential reference, on the advice of PM Imran Khan, had argued that the legislature could provide for an ‘open ballot for the Senate elections by substituting the word ‘secret’ with ‘open’ in Section 122(6) ofthe Elections Act. The argument was that it will discourage floor crossing and the use of laundered money for vote-buying in elections that grossly insult the mandate of people. And that the Supreme Court of Pakistan can adopt the interpretation which advances greater public welfare and good. ‘The reference had emphasized that the requirement of @ sceret ballot for the Senate elections was not by way of a con- stitutional mandate, rather only by way of statutory provisions namely Section 122(6) of the Elections Act, which may be amended by an act of parliament or through an ordinance pro- ‘mulgated under Article 89 of the Constitution. The open ballot will help acknowledge the respect forthe choice and desire of the citizen voters, strengthen political parties as well as thei discipline, which is essential for patliamentary democracy, the ‘government had argued. Most legal analysts had suspected as tearly as December that court being a conservative institution will find it difficult to grant the wish. Now when the govern- ment has decided 0 introduce a bill seeking constitutional amendment through the parliament itis obvious that the move in the court is not succeeding ~ the debate will thus continue through the the month of February. How will the PTI govern- ‘ment ~ that lacks the two-third majority in the national assem= bly ~ succeed in bringing a constitutional amendment remains toe seen, 5 Moced Pirzada is Editor Global Village Space the is also a prominent TV Anchor and a known columnist. He previously served with the Central ‘Superior Services in Pakistan. Mr Przada studied International relations at Columbia. University New York and Law at the London School of Economics, UK asa Britannia Chevening Scholar Iwww.globalvillagespace.comSTUNROATINAI UMD TONMITUIC a TIKNTITTA NN RendUcaaN VOT ene TAR aaomen rene ee Barrister Ahmed Pansota Constitutional & Legal Expert he government's mave to conduct the upcoming Senate elections through an open ballot is a cause for concern for many For the constitutional postion on the subject, wwe need to first read out the relevant provisions. As per article $9 (2) of the Constitution, the election of the Senate has to take place through a system of proportional representation. IL further States that members ofthe Senate should hold office for 8 term of 6 years Article 218 (1) of the Constitution states that the Election Commission of Pakistan (ECP) is empowered to conduct elec ions af both houses: Senate and the National Assembly. Article 218 (3) embodies a duty on the ECP to conduet the elections in the best possible manne; ina fair, just and honest exercise ~ in accordance with the law ‘To understand what is exactly under debate at the moment, let's look at aricle 226, which has actually ignited this debate, It says that the Constitution stipulates that all elections which are conducted under the constitution exeept forthe positions of Prime Minister and Chief Minister shall be by a secret ballot and there- fore the presumption is that election of the Senate is also done through a secret ballot. The Attorney General of Pakistan has recently given his ‘pinion and has advised the government that a comparison has to be dravin with the local government elections based on a specific provision in the Elections Act 2017 and section 122 (6) of that act, which clearly says that the elections have to be conducted ‘ough a secret ballot, Now, the incumbent goverament is delib- crating over changing that in the favor of an open ballot, Howey- er there are observations from various quarters that it requires & Constitutional amendment or the amendment atherwise, Hence, the Aomey General of Pakistan rendered his opinion in the Fight of # Supreme Cour judgement, whereby the MQM case was dis- ‘cussed and it was said that since there isa legislation on the sub- {ec therefore, this will not be an election under the Constitution, In the local government, the election can take place either through a secret ballot or through an open ballot, which is up to the ov- temment. Similar isthe ease here, So now this question has also bbeen sent to the Supreme Cour for its advisory jurisdiction un Article 186, In my humble opinion, it will be up to the Supreme Court to decide whether its under the Constitution or not, Its opinion, in my view, shall be binding as it tantamounts to interpretation of Constitution Since there is a legislation in form of Elections Act 2017. Seotion 126 clearly states that it ean be done through a secret bal- Jot and that law ean always be amended through an ordinance cor by Parliament ~ therefore the government can do it and it will. — vs Magar Polis not be an election under the constitution per se. 1 would rely on he same Supreme Court judgement discussed earlcr which had overturned a Sindh High Court judgement “760/765 (2016) “Gov- ermment of Sindh ys MQM” and it went into an appeal. It was very categorically held that since there isa local legislation on the subject, therefore, it will nat be an election under the Constitution, ‘This applies in the present scenario as well therefore, the govern= ‘men: ean conduct Senate elections through open ballot either by amending the aw with an ordinance or through Parliament Government’s recent decision of amending the Consttu- sion, in the presence of Supreme Court Proceedings, comes as & surprise to me. What if Supreme Court holds thatthe election of senate isnot under constitution? One thing is for sue the coming ‘month seem to be quite an interesting one as government under takes @ constitutional battle Maj Gen jaz Hussain Awan (Rtd) Former High Commissioner and prominent Defence Analyst jhe bane of our abortive democratic governments and political leadership crises resides in non-transparent elections, perceived or maligned to be managed Conduct’ of elections — be it nationwide general elections or in-house elections for National Assembly and Senate office bearers ~ all lack credibility and acceptability Unfortunately, rigging, pre-poll engineering and horse-trading are synonymous to electoral exercises a all levels. Necdless to sey, democracy is anchored and flourishes when the independent choice of voters comes into play. In Pa- kistan, repeated governance crises and the resulting political instability has stemmed from the lack of transparency in clec- tions and resultant unaceeptability of outcome Ironically, successive political leaders have overlooked the dire need for political reforms, creating space for the ma- nipulation of electoral results at all levels. Military dictators have also remained surrounded by sycophants and opportun- ist politicians who made sure reforms during military rule are made impossible. Hence, political forums are infested with in- trigues and manipulation Al said and done, presently, we have a non-tradition- al Prime Minister atthe helm, who is surely not in power for short-lived gains, and instead Wishes to reform institutions and revamp the system, Therefore, he requires Facilitation, at all levels, to achieve the noble objectives Iwww.globalvillagespace.com