Senate panel approves amendment in Article 63-A

ISLAMABAD – The Senate Standing Committee on Law and Justice on Thursday unanimously approved a constitutional amendment, seeking to enable a Member of Parliament to vote on a constitutional amendment bill according to his conscience instead of party direction.

“The Constitution (Amendment) Bill, 2017 (Amendment of Article of 63-A)’ was moved by Senator Farhatullah Babar, seeking changes in sub-paragraph (iii) of paragraph (B) of clause (1) of Article 63-A.

The committee was presided over by Senator Muhammad Javed Abbasi and was attended among others by senators Saleem Zia, Farooq H Naek, Nehal Hashmi, Zahida Khan and Farhatullah Babar.

Senator Babar in his statement of objects and reasons said: “The supremacy of the Constitution is the basis of Pakistan constitutional and political system and Parliament exercises supremacy within the jurisdiction assigned to it by the Constitution”.

He said that existing provision under sub-paragraph (iii) of paragraph (B) of clause (1) of Article 63-A, does not allow members to vote according to their conscious on a constitutional amendment. It negates the spirit of the Constitution and supremacy of the Parliament. The committee unanimously approved amendments.

The committee was given a detailed briefing on the rising trend in litigation pertaining to decisions of the Centre Selection Board (CSB) which can be otherwise avoided by due implementation of Civil Servant Act 1973 adding to the pendency of cases before the courts.

The Establishment Division told the penal that a number of officers who were either deferred or superseded approach the courts for redressed of their grievances. It was informed that the Federal Services Tribunal has the jurisdiction to hear the cases of civil servants. The only guaranteed right for a civil servant to be considered for promotion has been provided in the eligibility and relevant service criteria.

The committee directed the Establishment Division to evolve a judicious mechanism in this regard and overcome the shortcomings, resulting in the rising trend in litigation with regard to CSB decisions.

The Senate penal set up a sub-committee headed by Senator Farooq Naek to examine the Civil Service Act 1973 and the Rules made thereunder, the Wafaqi Mohtasib Order, and the Civil Services Tribunal Act and propose amendments so as to streamline the promotions to higher posts in civil bureaucracy.

Source: The Nation