Legislation & community participation
By Advocate Amir Bilal
The constitution of Islamic republic of Pakistan1973’spart 3 chapter 2 tells us about the Majlis-e- Shoora (Parliament), National assembly and senate.Part 2 from article 70 to 77 and 89 tells us about introduction and passing the bills, procedures at joint sittings, procedure with respect to money bills, federal government’s consent required for financial measures, president assent to bills, bills not to lapse on prorogation, tax to be levied by law only and power of president to promulgate ordinances. Article 128 deals with the power of governor to promulgate ordinances in the provinces. Part 5 deals with distribution of legislative and executive powers. Part 6 from Article 227 to 231 deals with Islamic provisions.There are two types of bill. One is money bill and the second is non-money bill.The bills presented by the government members are called government bills and the bill originated by any other member of parliament is called a private member’s bill. Bills are also classified by types according to their subject matter.
The bill starts from a problem to be tackled by law. Identification of the problem which is to be addressed by the law is much important to start a legislative process. After the identification of the problem then it is important to focus on the audience of the law and their needs. It is merely impossible to make a strong law without the meaningful participation of the community.
The process starts before the official functioning of legislature. When there is something improper happening pop up in the society and grab the attention of the government. The pressure started by an individual and then modifies into a small group. The group enhance the capability of individuals by peer education and mold themselves into strong pressure group with their right or need based approach. Advocacy is the tool which is used for the change process.The government take notice of any specific event, specific need, for securing a future or a private member understand the need of the law.
The source of law collected from norms, customs, values, traditions, religion, precedents, legal research, international laws, and commentaries of jurists. There is an essential of consultation with the stakeholders. For example, if we are making a law for trans genders we must insure their meaningful participation into the law-making process. all the concern authorities must consult together for a successful law. The law maker has to understand the need of marginalized groups as well. In the parliament, they are not the representatives of majority but minority groups too. The drafting of the bill has an informal process too where it is important to consider the importance of the audience of the bill to make it worthy.
There are 12 steps to complete a legislative process. The first step is when a member or group of member of parliament take notice of any issue which may be pointed out by an event, by a need or for future planning and his notice may be allowed by the Speaker of National assembly.
The second step is order of the day to hear the member in the house it goes to the third step of publication into the gazette. After the publication into the gazette it is referred to the forth step and that is standing committee. Upon introduction, the Assembly or the Speaker refers to any standing committee, a bill or a matter of subject of a bill concerned to it and the standing committee examines it and suggest legislation or makes recommendations to the national assembly. In the fifth step secretary permits the copies to the all members. Members put forth motion under article 124. Fifth (a) At this stage any member can object if there is anything contrary to the injunctions of Islam.Sixth step is first reading where all member discusses the principles in detail. It is circulated among the members for seeking their opinion along with discussion on its principles. After this sixth (a) bill considered. A motion of consideration is moved by the member or group of member in charge of the bill. Sixth (B) is selection of a committee for the bill. There are 29 committees of the national assembly. Sixth (c) is elect opinion of all members. Sixth (d) is if there is anything amendable after discussion in details any member can call for amendment. On identification of a legislator a bill repugnant to Islam is referred to council of Islamic ideology for its advice. Seventh after bill consideration and selection of the committee the bill will be circulated. Eighth in the second sitting the bill is ready clause by clause and amendment are made by the members. The second reading starts after the committee recommendations are sought. The member or group of members give a one day notice of amendments from the day bill is to consider. The Speaker decide the admissibility of the recommendations. Ninth step is for verbal amendments in the third reading where member argue on the general character of the bill in the shape of debate. The tenth step is to present the bill for voting in the house to pass the bill. If the bill is passed by a simple majority on the eleventh step it is sent to the president for his assent to make it authentic. Eleventh (a) it is transmitted to the senate for their process. It is important to mention here that if the bill is initiated in the national assembly it has to be passed by Senate and the same rule apply to the Senate. Twelfth step the bill become a law and publish in to the gazette.
We have many examples of flop bills and laws. If we discuss their ingredients. We can easily find the lack of community involvement for the bill. The consultations which is the important part to initiate a bill is not present there. As per an official after the eighteenth amendments there are many bills passed by provincial government only changing “state” by “province” which is telling us the legislature is not working properly and without focus.
We need to understand the importance of consultation with the stakeholders with every single provision of the provincial laws to respect the people whom the are made for.