Rizwan Ghani
IT is important to understand Senate, its elections and politics. Our 1973 Constitution provides for a parliamentary form of Government with a bicameral legislature, comprising the National Assembly and the Senate. The Senate represents the provinces/territories of the country.
Its main purpose is to give equal representation to all the federating units since the membership of the National Assembly is based on the population of each province.
The role of the Senate is to promote national cohesion and harmony and to alleviate fears of the smaller provinces regarding domination by any one province because of its majority, in the National Assembly.
The Senate is a permanent legislative body which symbolizes a process of continuity in the national affairs.
The term of its members is six years. However, one-half of its members retire every three years. A casual vacancy in the Senate, caused by resignation, death, incapacitation, disqualification or removal of a member, is filled through election by the respective Electoral College and the member so elected holds office for the un-expired term of the member whose vacancy he has filled. After the Senate has been duly constituted, at its first meeting, it elects from amongst its members, a Chairman and Deputy Chairman. Term of office of the Chairman and the Deputy Chairman is three years.
Senate represents provinces and other territories of the country under the proportional system. It does not represent political parties. There are total 104 seats in the Senate in which each province has 23 seats (general 14, technocrats/ulema 4, women 4 and non-Muslim 1). Federal Capital 4 (2,1,1,-), [erstwhile] FATA 8 (8,-,-,-).
That is why Senate elections are held in which the political parties nominate their candidates for the election.
The proportional system of Senate is not a provision under which majority party in lower house is automatically entitled to majority in the upper house.
Accordingly, the idea of ruling political party not getting majority in Senate will result in political deadlock is wrong.
In western democracies such as America both upper and lower houses are often controlled by different parties and issues are resolved through consensus. In our case, National Assembly legislation is sent to Senate for approval.
In case of difference(s), it is returned to the lower house for review and returned to the upper house for approval to become law. However, if the differences remain, a joint parliamentary session is convened for it.
Senate elections take place in accordance with Article 59 of the Constitution. Each of the four provincial assemblies elect in the Senate election 23 members from their respective provinces in such manner as the President may, by order prescribe but the order has to follow the Constitution.
Since the article 226 of the Constitutions binds Senate election to secret ballot in which “All elections under the Constitution, other than those of the PM and the CM, shall be by secret ballot” so only Parliament can make changes in it with two thirds majority. In modern world secrecy of ballot is basic feature of democracy.
Election Commission of Pakistan is responsible for holding Senate election and it cannot change the election laws.
Under section 81 of Election Act 2017, Senate election is held by secret ballot. The same act prescribes punishment for violating secrecy of ballot also.
The ballot is secret forever not just for the day of election, absolute, continuous and non-sharable. The question of open ballot is inappropriate due to Article 226. The EC cannot change the article to preserve the constitutional spirit of secret ballot and legitimacy of the Senate election.
The oath of Senator is very clear; there is no need for another affidavit. The words existing in oath including ‘functions’, ‘honestly’, ‘faithfully’, ‘in accordance with the Constitution’ are clear.
A person seeking election to the Senate should not be less than thirty years of age and should be registered as a voter in an area or province from where he seeks election and should meet other qualifications prescribed under Article 62 of the Constitution.
A Senator cannot escape accountability process if the EC, concerned departments and the Senate candidate and then the person as a senator uphold the law. The scrutiny process should be made fully transparent by making information of candidates’ public.
There is no privacy for public representatives as per democratic practices of 14th Century and conflict of interest.
In modern democracies, the public’s right to know is valued above the right to privacy of candidates for public office. Information should be made public including dual nationality, iqama holders, overseas bank accounts and properties, loan write-offs, financial crimes and other corruptions.
Instant disqualification is equally important part of the accountability process which is often ignored due to vested stakes by all concerned.
The history of colonization shows that residents of other countries were made parliamentarians, senators and ministers in colonies for vested stakes.
These practices have been ended in other democracies to make their countries strong, governments accountable to the public and end corruption.
They only allow only permanent residents to contest elections after they provide proof of 10-year permanent stay in the country supported by tax payments, utility bills, annual salary and property record.
India does not give citizenship and passport to its foreign nationals. Pakistan should enforce similar checks and balances starting with this senate election.
—The writer is senior political analyst based in Islamabad.
