The European Court of Human Rights (ECHR) could request from Serbia to change regulations regarding MPs’ mandates due to ex-G17 plus MPs lawsuit.
Serbia’s legal counsel Slavoljub Carić says that there is such a possibility if the court determines that the right to free elections was violated.
Democratic Party of Serbia (DSS) leader Vojislav Koštunica says that his party and the Serbian Progressive Party (SNS) do not agree on the Constitution.
He added that the DSS would continue to oppose amending it.
Serbian Progressive Party (SNS) leader Tomislav Nikolić submitted 304,580 signatures for the change of the Constitution to the Serbian parliament today.
The SNS thinks that the number of MPs should be reduced from 250 to 125, that the number of ministers should be between 12 and 15 and that positions of state secretaries should be repealed.
The Democratic Party of Serbia (DSS) says it doubts the motives behind theSerb Progressive (SNS) initiative to change the Constitution.
The SNS said it pushed for a reduce to the size of parliament, but DSS believes it also aims to change the preamble which states that Kosovo is an integral part of Serbia.
There are more important tasks in 2011 than changing the Constitution, says Serbian parliament Speaker Slavica Äukić-Dejanović.
She explained that blank resignation letters could be revoked with changes to the law.
Several parties have today and on Sunday made statements, with some taking action, regarding possible changes to the country’s Constitution. Suzana GrubjeÅ¡ić of the ruling G17 Plus told reporters that all parties that sought those changes ought to meet and discuss this issue.
For the process of decentralization of Serbia to take place, it is necessary to change the Constitution, agreed MlaÄ‘an Dinkić and Vuk DraÅ¡ković. Speaking during a round table in Belgrade on Monday, the economy minister in the current government, and leader of the Serbian Renewal Movement (SPO) explained that the country’s highest legal act should be changed in such a way to give regions more powers.
Parliament Speaker Slavica Äukić-Dejanović has stated that the idea of amending the Constitution has been mentioned, but that no formal talks are being held.
Given the problems Serbia currently has, including the European roadmap, the Belgrade-PriÅ¡tina dialogue, and the fight against organized crime, the issue of amending the Constitution will not be on the agenda for at least a year, Äukić-Dejanović said.
ISLAMABAD – After hearing the judges’ notification case the whole day, the Supreme Court on Friday observed that the Chief Executive’s order has lost its efficacy, therefore, it can’t be restored and if such attempt is made it will be tantamount to throttling the judiciary and subverting the Constitution.
A 17-member in its short order regarding the withdrawal of judges’ restoration notification said: “No functionaries of the government including the head of state, head of government and any other functionary can restore or take any step for withdrawing the March 16, 2009 notification.” The SC verdict cautioned if such move was made, then it would tantamount to violating the Article 6 of the Constitution.
Attorney General of Pakistan Maulvi Anwar-ul-Haq was asked to submit a written statement signed by higher authority, not other than by the Premier himself, about the government’s policy on withdrawing the notification of judges’ restoration. The AG sought more time to file the response, saying Prime Minister Yousuf Raza Gilani was busy in some official engagements and could not spare time to write down the policy. He, however, said that the message has been conveyed to the Principal Secretary of the PM.”
The government through the Prime Minister has been directed to conduct an inquiry that how the news of withdrawing the notification spread and who is responsible for it.
When no statement from the Prime Minister, terming the news wrong, could be placed before the court, the Chief Justice remarked; “The news is not wrong. You tell us otherwise we will tell you as we have the material.” He added: “We don’t want to expose anyone but are showing restraint.”
When the bench asked the AG whether he has met the Prime Minister, his response was ‘No’. Justice Sair Ali expressed displeasure and asked what sort of meeting the Premier was attending that he even can’t spare two minutes.
Justice Asif Khan Khosa told the AG, “Your reluctance put fuel to the fire as it is not without the reasons because there was threat to the Constitution. He said that the statement could not be made that the Constitution will be followed. Justice Jawwad said that the executive order for the restoration of judges is “scrape of paper.” Every organ of the state has to abide by the Constitution.
Justice Saqib Nisar said that after the judgement in case of Sindh High Court Bar Association the executive order of March 16, 2009 has lost the efficacy. Is someone telling the Prime Minister about the complication and the implication of Article 6 of the Constitution?
The Chief Justice of Pakistan, judges of Supreme Court and the chief justices and judges of High Courts were restored through the executive order but it was not endorsed by the Parliament. But on July 31 the Supreme Court in Sindh High Court Bar Association case had passed a judgment and declared illegal all the actions of General (Retd) Pervez Musharraf taken on November 3, 2007 and later.
Prime Minister Gilani himself had stated in the Parliament, “Judges were restored through executive order, which has not been sanctified by the Parliament.” The private TV channels aired the news and the denial was issued from the PM, saying that there was no truth in it and that the government has no intention to withdraw the notification.
The court observed that despite that the news was flashed on private TV channels that the government with the consultation of the most senior lawyer of the country and the law minister has decided to withdraw the notification.
It happened so many times when the high profile cases were heard by the court and also before and after the October 13 when the NRO case was heard by the SC the news of withdrawing the notification was discussed.
During the proceeding, the Attorney General was questioned that after judgment in SHCBA case what authority was left to the government to withdraw the notification, but he could not satisfactorily answer the queries.
Before the interval proceedings, Attorney General for Pakistan Maulvi Abwarul Haq submitted that the government does not have any intension to withdraw the notification of the restoration of the judges of the superior court and further said that mala fide is being presumed through the news report, aired on various TV channels.
Justice Saqib Nisar asked the AG to give his statement in order to finish the mala fide and the government will issue the statement then.
Justice Javed Iqbal said that the then Attorney General in MusharrafÂ’s era had also made such a statement that nothing will happen but the next date judges were sacked and confined them in their houses. He said that the court had given full chance to the government in NRO case and today too we are giving you a chance to contact the government.
“We are also patriotic like other citizens of the country and if someone has any complaint against any judge than Article 209 of the constitution could deal it,” Justice Javed said.
He further said that the apex court was taking steps as billions of rupees corruption is being made and if anyone violates the Constitution then Article 6 is there.
The AG replied that the apex court had shown grace on October 13 by giving time to the government. “We did not oblige anyone. We believe in the Constitution and we shall be run by rule of law and Constitution”, the Chief Justice remarked adding that action would be taken against those found guilty.
The Chief Justice further observed that literally the court is being abused but despite of that we are showing tolerance and we are here to strengthen and protect the institutions.
Meanwhile, the court directed Attorney General to produce before the court a written statement signed not other than by the premier himself about the governmentÂ’s policy regarding the notification of restoration of judges.
Qazi Anwar, President Supreme Court Bar Association, while appearing before the court submitted that in the first week of June the Prime Minister had made a statement saying that judges were restored by his own order and his order has not been validated by the Parliament.
Till yesterday morning, Qazi Anwar said that from Islamabad to Karachi there was a news circling of governmentÂ’s alleged standing against the judiciary.
Justice Arif Hussain Khilji remarked; “Are we sitting here under the Constitution or notification of Prime Minister?”
Qazi Anwar said that the government was bent upon testing nerves of the legal fraternity, however, he pledged that they would not allow anybody to hatch this kind of conspiracy.
“We were quite docile as Aitzaz Ahsan had filed an application on November I, 2007, fearing of happening something like this but we did not pay any heed to it and consequently we all were confined and thrown out of court”, Justice Khalil-ur Rehman Ramday observed. He said that having experience of the past, we can’t keep ourselves aloof any more.
Later, the hearing was adjourned till October 18 with the instruction that a clear-cut policy statement must be submitted on the next date of hearing.
President Boris Tadić said that the constitution protects the rights of all people, regardless of nationality, religion or personal identity. “The constitution guarantees minorities and all people the right to be different. Serbia is a home for all its citizens,†Tadić said.
Kyrgyzstan is holding a referendum on a new constitution amid fears it could inflame ethnic tensions. The proposed constitution would give parliament more power and set the stage for a general election in September.
Director of the Office for European Integration Milica Delević said that Serbia is preparing for the European Commission questionnaire. Delević said that Serbia was preparing so that it can answer the questionnaire in two to three months, adding that the territory of Serbia would be defined in the answers according to the country’s Constitution.
With just 37 days left for Nepal to unveil a new constitution, the country has begun hurtling towards chaos with the three major parties still at daggers drawn and the key players admitting it would be impossible to execute the task.
Concern and fear began to mount Tuesday after Nilambar Acharya, chairman of the constitutional committee [...]
The Pakistani National Assembly Thursday abolished the president’s special powers, including the right to dissolve parliament, through an amendment of the constitution, a media report said.
The National Assembly or the lower house of the parliament, has unanimously approved the termination of the 17th Amendment to the Constitution, Xinhua reported citing officials.
The assembly has adopted Section-2 [...]
ISLAMABAD – Striking out all the distortions introduced in the 1973 Constitution during the dictatorial regimes in the past, Chairman of the Parliamentary Committee on Constitutional Reform, Mian Raza Rabbani on Friday presented the proposed 18th Amendment draft containing 102 amendments and 11 recommendations to the Government, in Senate and National Assembly simultaneously.
Amid the thumping of the desks Mian Raza Rabbani unfolded the report on the draft of 18th Amendment in the National Assembly and said that it took nine months to restore the Constitution in its real shape and finally the Committee succeeded to do away with the notorious 58-2B, LFO, 17th Amendment, 6th and 7th schedule and Concurrent List.
“It is an historic day and I am lucky to present this historic report in the Parliament but at the same moment I am unlucky as my political leader with whom I had started my political journey is not with me. I dedicate this day to Shaheed Benazir Bhutto”, Mian Raza Rabbani said in an emotional tone.
Giving crux of the recommendations, Raza Rabbani said, “The LFO 2002, LFO (Amendment) 2002 and LFO (Second Amendment), 2002 were declared to have been made without lawful authority and of no legal effect and, therefore, shall stand repealed; and the Constitution (Seventeenth Amendment) Act, 2003 is hereby repealed.”
It proposes in Article 6 of the Constitution that a person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treasons.
He said after Article 10 of the Constitution, the Committee proposed insertion of Article 10(A), which says, “For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.”
He said amendment in the Article 25 says that the state shall provide free and compulsory education to all children of the age of five to 16 years in such a manner as may be determined by the law.
In article 27, it is proposed that under-representation of any class or area in the service of Pakistan may be redressed in such manner as may determined by an act of Parliament.
He said the Committee proposes substitution of Article 51 of the Constitution under which there shall be 342 seats for members in National Assembly including seats reserved for women and non-Muslims.
He told that the Committee had recommended that Article 59 of the Constitution would be substituted and the Senate would consist of one-hundred and four members, of whom four non-Muslims, one from each province, would be elected by the members of each Provincial Assembly. “This shall be effective from the next Senate elections after the commencement of the Constitution (Eighteenth Amendment) Act,2010.”
He said that the Committee had also recommended amendments in Article 92 of the Constitution according to that the total strength of the Cabinet, including ministers of state, would not exceed eleven percent of the total membership Parliament. The amendment shall be effective from the next general elections held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010.
Mian Raza Rabbani informed the House that according to suggestions from CRCP, the Governor should be a registered voter and resident of the province concerned while substituting Article 104 of the Constitution, Speaker provincial assembly shall perform functions of governor in his absence and in the absence of speaker too any other person as the President may nominate shall perform the functions of governor until the governor returns to Pakistan or, as the case may be, resumes his function.
Chairman CRCP said that the recommendation for amendment of Article 128 of the Constitution says that the provincial assembly may by a resolution extend the Ordinance for a further period of 90 days and it shall stand repealed at the expiration of the extended period, or if before the expiration of that period a resolution disapproving it is passed by the Assembly, upon the passing of that resolution: provided further that extension for a further period may be made only once.
“The amendment is also recommended in Article 154 of the Constitution. It is amended that the Council of Common Interest shall be constituted with in thirty days of the Prime Minister taking oath of the office and the Council shall have a permanent secretariat and shall meet at least once in ninety days: provided that the Prime Minister may convene a meeting of an urgent matter”, Rabbani told the Lower House.
Chairman CRCP further told that the amendment in Article 157 was also suggested and according to this amendment: The Federal Government shall, prior to taking a decision to construct or cause to be constructed, hydro-electric power stations in any province, shall consult the provincial government concerned while in case of any dispute between the Federal and provincial government in respect of any matter under this Article, any of the said government may move the Council of Common Interest for resolution of the dispute.
After the clause 3 of the Article 160,2 new clauses shall be inserted. According to Clause 3A, the share of the provinces in each award of the National Finance Commission shall not be less than the share given to the provinces in the previous award while 3-B says that the Federal Finance Minister and provincial Finance Minister shall monitor the implementation of the award biannually and lay their report before both Houses of Parliament and the Provincial Assemblies.
Raza Rabbani told that according to amendment of Article 167 of the Constitution clause 4 shall be inserted which says that a province may raise domestic or international loan, or give guarantee on the security of the Provincial Consolidated Fund within such limits and subject to such conditions as may be specified by the National Economic Council.
He said that the recommended amendment of Article 161 says that the net proceedings of the federal duty of excise on natural gas levied at well-head and collected by the Federal Government and of the royalty collected by the Federal Government, shall not form part of the Federal Consolidated Fund and shall be paid to the provinces in which the well-head of natural gas is situated; the net proceedings of the federal duty of excise on oil levied at well-head and collected by the Federal Government shall not form part of the Federal Consolidated Fund and shall be paid to the province in which the well-head of oil is situated.
He informed that the recommended substitution of Article 243 says that the President shall, on the advice of the Prime Minister, appoint the Chairman, Joint Chief of Staff; the Chief of the Army Staff; the Chief of the Naval Staff; and the Chief of the Air Staff and shall also determine their salaries and allowances.
It was proposed that a commission comprising Chief Justice of Pakistan as Chairman, two most senior judges of the Supreme Court, a former chief justice or a former judge of the Supreme Court to be nominated by the CJ in consultation with the two member judges for a period of two years, Federal Minister for Law and Justice, Attorney General for Pakistan and senior advocate of the Supreme Court nominated by the Pakistan Bar Council as members, will appoint judges of Supreme Court and High Courts.
Amendment of Article 232 suggests that for imposition of emergency due to the internal disturbances beyond the powers of a provincial government to control, a resolution from the provincial assembly of that province shall be required: Provided further that if the President acts on his own, the proclamation of emergency shall be placed before both the Houses of Parliament for approval by each House within ten days.
Earlier, Chairman Parliamentary Committee on Constitutional Reforms Raza Rabbani congratulated all the political leaders sitting in and out side of the Parliament and said that it became possible due to the cooperation of all political parties, which wholeheartedly participated in the meetings of the Committee.
He told that the Committee received more than 800 recommendations from civil society, communities living in Pakistan and other segments, however, it was difficult to adjust all of these but some of these were included in the recommendations of the Committee.
Senior Vice President of PML-N Javaid Hashmi, on the point of order, congratulated the Committee, Prime Minister, President and other leadership of the country and said the world was thinking that Pakistan would not on the world map in 2012 but this Committee had flushed away all such concerns.
Riaz Hussain Pirzada of PML-Q also congratulated the Committee and other MPs and said that the political parties would have to make the Parliament strong to prevent the external powers from derailing the democratic system.
The Alliance of Vojvodina Hungarians (SVM) did not support the ruling coalition during the budget vote yesterday “because they were defending the Constitution”. At the same time, the party did not attempt to topple the government, said its leader Balint Pastor.
International Community High Representative in Bosnia-Herzegovina Valentin Inzko said that the final offer for a new Bosnian constitution is now on the table. “The final proposal of a new constitution is on the table currently, and I hope that it will be accepted,†Inzko said, stressing that he hopes that there will be new progress made in talks regarding constitutional reform in the country.
The draft statute gives Vojvodina the highest level of autonomy provided by the Constitution, the provincial assembly president says. But Šandor Egereši also stated that changes to the Constitution should be made by the end of this government’s mandate.
