Senator Raza Rabbani has opposed of the cabinet committee formed to review laws
He said the cabinet committee is a violation of Election Act, 2017.
Caretaker PM Kakar established a cabinet committee to review current legislation.
ISLAMABAD: Senator Raza Rabbani has opposed to the caretaker government’s decision for the formation of new cabinet panel to review legislative cases passed by parliament.
Senator Rabbani took exception to the reconstitution of the Cabinet Committee for Disposal of Legislative Cases (CCLC), saying that it was a “violation of the scheme of the Constitution and section 230, Election Act, 2017”.
In a statement, Rabbani stated that the mandate of the caretaker government/cabinet was limited to to day-to-day affairs and did not include the examination of laws passed by the Parliament.
“The cabinet committee consists of five federal ministers and four special invitees including the Attorney General for Pakistan.
“The committee has defined four TORs (terms of reference), one of which mandates it to look at the recently passed legislation to see if it conforms to the Constitution, is in conflict with existing laws and above all if Parliament was competent to pass them,” the PPP senator said.
He said the committee has been assigned the role of the “judiciary” and an unelected government “will sit in judgment over the constitutional competence of Parliament”. He said this raises “very serious questions as to the intentions of the caretakers.”
A day earlier, Caretaker Prime Minister Anwaarul Haq Kakar has established a cabinet committee tasked with crafting laws and suggesting revisions to current legislation.
This committee will also determine the alignment of any law with the jurisdiction of the parliament. The Cabinet Division notified the constitution of the Cabinet Committee for Disposal of Legislative Cases (CCLC),
“The Prime Minister, in terms of rule 17(2) of the Rules of Business 1973 has been pleased to constitute the Cabinet Committee for Disposal of Legislative Cases (CCLC),” read a notification of the Cabinet Division.
The law minister will be the chairman of the cabinet committee and its members include information, planning, religious affairs and information technology ministers. The attorney general of Pakistan, cabinet secretary, law secretary and additional secretary will also be part of the committee.
The CCLC will “examine whether a fresh legislation or amendments in the existing laws are in line with the constitutional scheme, not in violation of any existing law, and falls within the mandate of Parliament,” read the notification.
The cabinet committee of an interim cabinet will decide whether any law falls within the domain of the parliament.
The cabinet committee has been authorized to “examine the contents of fresh legislations, rules as well as amendments to the existing laws, rules, and give its recommendations as to whether the same are in line with the policy of the government and constitutional, legislative scheme,” according to the second term of reference of the CCLC.
According to the third mandate of the new body, if the CCLC decides to amend the proposal of the sponsoring division, from a policy perspective, and the same is agreed to by the sponsoring division in the CCLC meeting, the amended proposal will be placed before the cabinet for ratification.
In case of disagreement between the sponsoring division and CCLC on a policy matter, the points of view of both shall be placed before the cabinet for a decision.