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Mode of Elections of Members of Senate May 2016

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Mode of Elections of Members of Senate May 2016 .ro!-*NAIE}::-l.:-tJl F--.-.--A r(.' Ho!!a o, tha Fod€nrtlon Report of the Committee of Whole "Mode of elections of Members of Senate" Senate of Pakistan (May-2016) Committee of Whole Introduction:- Mode of elections of Members' Senate of Pakistan has remained a debatable point. revolving around trvo areas; (l) Members of Senate shall be directly elected or otherwise? (2) Rigging and floor crossing in the electioneering process. Pursuant to the Senate Elections held in March 2015, the issue of rigging and floor crossing again came to the limelight which led to the debate regarding mode of elections of Members' Senate of Pakistan. The Upper House assumed its role and responsibility by taking up the issue on its own; the House Business Advisory Committee (HBAC) took up the matter and after discussing all aspects, it rvas decided that the matter may be brought before the House for discussion and making recommendations. Constitution of Committee of the Whole As per the decision of HBAC, the 'Mode of elections of the Members' Senate of Pakistan' was discussed in the House on 76 August, 2015. Members debated the issue and expressed views above party lines (Verbatim of debate in the House is ennexed as "A"). The House, after extensive debate felt the need to constitute a Committee of Whole on the matter, accordingly a motion was moved by the Leader of the House on 10s August, 2015 and Committee of the Whole was constituted to consider mode of elections of Members of Senate, pros and cons of single transferable voting system, altemates, poll reforms and other ancillary matters. Proceedings of Committee First meeting of Committee of the Whole was held on I le November, 2015, wherein nineteen Members shared their proposals and thoughts on the matter (verbatim of Committee proreeding is annexed as'B'). A gist of proposals/deliberations is as under:- l. Senator Farhatullah Babar: Secret ballot is basis of comrption in the Senate Elections . This menace can be curbed by making an appropriate amendment in Article 226, Constitution, 1973 to provide for 'open ballot'. Committee of Whole 3 Senator Raja MuhammallZafar ul Haq, Leader of the House: There shall be a mechanism to curb the furancial corruption; option of proportional representation, in line with various intemational models, can be examined. 3. Senator Ilyas Bilour: GeneraVdirect elections for Members of Senate; this can lead to equal powers, especially in respect of Money Bills, etc.. Independent candidates shall be debaned from contesting elections as they are main cause of frnancial com.rption. Padies shall allot tickets to genuine party workers only. 4. Molana Abdul Ghafoor Haidri, Deputy Chairman Senate: There has to be an effective strategy to control the usey'abuse of money involved in the electioneering process, the strategy shall focus upon that how can we stop financial influences? 5. Senator Muhammad Usman Khan Kakar: Members of Senate shall be directly elected by the public and their constituency shall be the provinces. It has many benefits e.g. if a political party is in majority in a Province, its strength will reflected in the results; it is an apprehension that some people try to use monetary influences to win support of MPAs, if all residents of the province will be entitled to vote then it will be very difficult to buy thousands ofvoters. Senator Taj Haider: Main point for decision is that we want elections on party basis or on individual basis? Prime Minister cannot be elected from Senate as Senators are indirectly elected; similarly Upper House is less represented in the Cabinet, same is the case with the powers of Senate, therefore, Members of Senate will have to be elected through direct elections. Provinces may be bifrrcated into single member constituencies arrd l/3d or % seats can be reserved to give representation to all schools of thought in the Senate. 7. Senrtor Mushahid Hussain Syed: opposed the direct elections to the Senate as Senate is the House of the Federation , it has a distinct identity, otherwise it will be faced with the same problems/issues as are/will be faced by the National Assembly; Senate will become a clone, a replica of National Assembly. There are many international examples wherein direct elections to Committee of Whole 4 Senate have resulted io'rich men's club 'as it is a very costly process. Issue of financial corruption in electing members of Senate is an issue which needs to be addressed. Furthermore, there is need to evolve a mechanism to give representation to Gilgit Baltistan and Azad Kashmir in Senate, may be status of observer or honorary Senators. 8. Senator Lt. General (R) Salahuddin Tirmizi: Direct elections will be very expensive; agreed with the proposal of Senator Farhatullah Babar that elections shall be made through open ballot. 9. Senator Mir Hasil Khan Bizenjo: Direction elections to the Senate may be held on the provincial base proportional representation, Election Commission may be empowered to probe into allocation of financial comrption in electing a Member of the Senate. Defection clause as provided in the Constitution may be amended to provide for financial influence/ cotruption in Election as a ground of disqualification. 10. Senator Mohsin Khan Leghari: Supported the single transferable vote system(STV) and secret ballot system. Provinces shall be represented in true letter and spirit, specially Federal Capital shall be represented through its original and actual residents. The Member also made reference to a Resolution passed by the Senate regarding election of Members Senate of Pakistan from Federal Capilal by the Local govemment representatives. (copy of Resolution is annexed as 'C") I l. Prof. Sajid Mir: not supported direct elections as it will amount to broaden basis for financial, comrption. We need to strengthen the existing system by curtailing the possibilities of abuse of money; this can be done either by continuing the existing system or by opting for proportional representation of parties i.e. on the basis of lists which shall be published and independent candidates shall be banned. l2.senator Syed Shibti Faraz: there can be many complications in direct election; need to strengthen the existing systern by rectirying the issues being faced in its effective implementation. Committee of Whole 5 13. Senetor Abdul Rehman Malik Members of Senate and indirectly elected by the provincial assemblies, same is the case with the Prime Minister, he is also indirectly elected by the Members of National Assembly. If we talk about direct elections, then prime Ministet and President will have to be elected through direct elections. Word 'indirect' is being wrongly used as a directly elected Member of Provincial Assembly elects its representative for the Upper House. There shall be amendments in the Constitution to the effect that independent members shall be debarred from contesting elections, frrtherrnore, Prime Minister can be from either House of the Parliament. 14. Senator Shahi Syed: supported existing system and stressed the need of effective role of Election Commission of Pakistan in curtailing/curbing the financial influences in the electioneering process. 15. Senator Saeedul Hassan Mandokhail: Secret balloting maybe abolished; independent candidates may be debarred from contesting elections for the Senate and name of MPA shall be printed on the ballot paper. l6.Senator Syed Muzafar Hussain Shah: Mode of election is secondary, need to ascertain/enhance powers of the Senate , a committee can be constitutiotr to seek view points of all political parties as general debate itself should not be enough. lT.Senator Hidayat Ullah: another Committee of the Whole for Senate powers may be constituted; supported the existing system of elections to the Senate, name of MPAs may be published on the ballot papers; right to contest elections cannot be denied to independent candidates. lS.Senator Javed Abbasi: supported the existing system; amendment in the Constitution to provide for that the Prime Minister can be from either House of the Parliament. l9.Senator Advocate Muhammad Daud Khan Achakzai : highlighted seat adjustrnens between the major political parties. Second Meeting of Committee of the Whole was held on l2e May, 2016. Wherein eighteen Members shared their proposals and thoughs on the matter (verbetim of Committee proceeding is ennexed rs "D'). Gist of proposals/deliberations is as under:- Committee of Whole 6 l. Senator Mohammad Azam Khan Swati: Senators should be elected directly by direct populous vote of people in their respective provinces: direct vote will take Senate to a higher recognized institutional pedestal and it will be easy for Senate to fight its second phase of getting its glory and power. (The Hon'ble Member elso submitted proposals in writing which are annexed as "E") Senator Sardar Azam Khan Musakhel: Powers of Senate be enhanced through direct elections. Senator Ch. Tanvir: Direct elections will open a new Pandora box; true representation of Provinces shall be ensured, candidates shall be actual residents ofthe province they are representing; technocrats shall fully fulfil the criteria; Senate shall be given role in the budget; there has to be a mechanism wherein Members representing their areas shall be given opportunity to raise issues and same shall not be debarred on the pretext of being 'provincial issues', hence not admissible. Senator Abdul Qayyum: Existing system of electioneering shall continue, however, rigging in the forms of financial comrption and floor crossing shall be strictly dealt with; political parties shall adhere to the norms of democracy within the party setup and specially for allocation oftickets. Senator Mir Kabir: Direct elections will result in exuberant increase in finance involved in the election process. giving example of General Elections in his province, the hon'ble Senator shared that only such people who can spend money can contest elections; existing system is.
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