New Pemra law sparks controversy
ISLAMABAD: The presidential ordinance amending the Pakistan Electronic Media Regulatory Authority (Pemra) law while the Senate is in session, has revived an old debate over such ‘instant legislation’.
Even the Supreme Court once took a very serious note of such ‘high-speed law-making’ without the involvement of the Parliament when the legislature does exist, and ruled that ordinances should be issued only in unavoidable circumstances.
But generally, successive governments, the present dispensation being no exception, have been doing such legislations mostly for realization of their political agenda on an emergency basis. The current ordinance is also an apt example to the effect.
The present set-up is aware that it would take months to have its choice amendments inserted in the Pemra law that it has now introduced, had they gone through the process of law-making in both the chambers of the Parliament. It would have been too time-consuming for the government while it needed at once how to get a ‘toolÂ’ to deal with the ‘errant’ electronic media.
The instant ordinance was issued just two days before the National Assembly was to meet. In fact, the summoning order of the Lower House and the promulgation of the ordinance were issued the same day.
Under Article 89 of the Constitution, the President may, except when the National Assembly is in session, if satisfied that circumstances exist which render it necessary to take immediate action, make and promulgate an ordinance as the circumstances may require.
Only the National Assembly is mentioned in the provision in the sense that no ordinance can be issued when the Lower House is in session. But there is no mention of the Senate being in session.
Hours and hours had been repeatedly spent on debates in the Upper House over this question with the opposition intensely protesting the issuance of ordinances when it had been in session. But no government ever paid any heed to such agitation and continued with its practice to have an ordinance factory that maintains its production at its own speed.
Senators have been expressing their resentment over disregarding the Upper House because ordinances are freely issued when it has been in session. They want an equal importance to the Senate as well.
There is no difference in the effect and force of a law enacted by the Parliament and an ordinance, although, the latter expires after 120 days. But governments issue ordinances, if they require, again and again on their expiry.
Source: The News
Date:6/7/2007
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