Polls open in final day of Egypt presidential vote

Voters check their names at a polling station in Cairo June 17, 2012. — Photo Reuters

CAIRO: Polling opened in Egypt on Sunday’s final day of a divisive election to choose a successor to ousted president Hosni Mubarak, in a race that pits a former regime premier against an Islamist.

Queues had already formed outside some voting stations before they opened their doors at 8:00 am (0600 GMT) with police and armydeployed outside, AFP reporters said.

Muslim Brotherhood candidate Mohammed Mursi has promised that an Egypt under his leadership would be inclusive, and vowed to defend the goals of last year’s uprising, while ex-premier Ahmed Shafiq is standing on a tough law-and-order platform.

The election has polarised the nation, dividing those who fear a return to the old regime under Shafiq’s leadership from others who want to keep religion out of politics and fear the Brotherhood would stifle personal.

NATIONAL ASSEMBLY OF PAKISTAN

OBSERVANCE OF THE RULES OF PROCEDURE 

The National Assembly of Pakistan is the country's sovereign legislative body. It embodies the will of the people to let themselves be governed under the democratic, multi-party Federal Parliamentary System. The National Assembly makes laws for the Federation in respect of the powers enumerated in the Federal Legislative list. Through its debates, adjournment motion, question hour and Standing Committees, the National Assembly keeps as check over the Executive and ensures that the government functions within the parameters set out in the Constitution and does not violate the fundamental rights of citizens. Only the National Assembly, through its Public Accounts Committee, scrutinizes public spending and exercises control of expenditure incurred by the government.

The Islamic Republic of Pakistan is a Federal State comprising four provinces of Balochistan, the Khyber Pakhtunkhwa, the Punjab and Sindh; Islamabad is the Federal Capital with Federally Administered Tribal Areas (FATA). These federating units offer a lot of diversity and variety in terms of languages, levels of social and economic development, population density and climatic conditions.

The Members of the National Assembly are to be elected by direct and free vote in accordance with law.

CONSTITUTIONAL ROLE

Article 50 of the Constitution provides that the Parliament of Pakistan shall consist of President and the two Houses known as the National Assembly and the Senate. The National Assembly has an edge over the Senate by legislating exclusively on money matters. With exception to money Bills, however, both the Houses work together to carryout the basic work of the Parliament, i.e. law making.

LEGISLATIVE PROCEDURE

The Bill relating to the Federal Legislative List can be originated in either House. If the House passed the Bill through majority vote, it shall be transmitted to the other House. If the other House passes it witdout amendment, it shall be presented to the President for assent.

If the Bill, transmitted to the other House, is not passed within ninety days or rejected, it shall be considered in a joint sitting to be summoned by the President on the request of the House in which the Bill was originated. If the Bill is passed in the joint sitting, with or without amendments, by the votes of majority of the members of the two Houses, it shall be presented to the President for assent.

If the Bill is presented to the President for assent, he shall assent to the Bill in not later than ten days.If it is not a Money Bill, the President may return the Bill to the Majlis-e-Shoora with a message requesting that the Bill be reconsidered and that an amendment specified in the message be considered. The Majlis-e-Shoora shall reconsider the Bill in a joint sitting.If the Bill is passed again, with or without amendment, by vote of the majority of the members present and voting, it shall be presented to the President and the President shall give his assent within ten days; failing which such assent shall be deemed to have been given.

Under the Constitution, the Parliament may also legislate for two or more Provinces by consent and request made by those Provinces. If the Federal Government proclaims State of Emergency in any province, the power to legislate about that province is vested in the Parliament.But the Bills passed by the Parliament during the State of Emergency, shall cease to be in force after the expiration of six months from the date Emergency is lifted. Nevertheless, the steps already taken under these Acts shall remain valid.

In exercises of its constitutional role, the Parliament also has other very important duties to perform.The President, who is at the apex, is elected by members of both Houses of the Parliament and the Provincial Assemblies. The Prime Minister, who heads the Cabinet and is meant to aid and advise the President in his functions, belongs to the National Assembly. He enjoys the confidence of the majority of the members of the National Assembly. Members of the Cabinet are appointed by the President on the advice of the Prime Minister.

In the formation of the Cabinet the major portion (75%), goes to National Assembly while the rest (25%) are taken from the Senate.

There is a democratic procedure to remove the Prime Minister from his office if he loses confidence of the majority of the members of the National Assembly. In this respect a resolution for a vote of no-confidence is moved by not less then 20% of the total membership of the National Assembly. If the resolution is passed by majority of the total membership of the National Assembly, the Prime Minister immediately relinquished powers.

Similarly, for the removal or impeachment of the President, not less than one-half of the total membership of either House may give in writing its intention to do so, to the Speaker National Assembly, or, as the case may be, to the Chairman Senate, for moving a resolution for the purpose. In a joint sitting of the two Houses, convened for the purpose, and after the deliberations, if the resolution is passed by the votes of not less than two thirds of the total membership of the Parliament, the President shall cease to hold office immediately on the passing of the resolution.

In case emergency is proclaimed, the Parliament holds the authority to extend the term of the National Assembly. Under the Constitution, the Parliament may also, on the request of the Federal Government, by law, confer functions upon officers or authorities subordinate to the Federal Government.

SENATE OF PAKISTAN

INTRODUCTION

Brief History

After Independence, the first Constituent Assembly of Pakistan, elected in December 1945 in undivided India, was assigned the task of framing the Constitution of Pakistan. This Assembly passed the Objectives Resolution on 12th March, 1949, laying down principles which later became substantive part of the Constitution of Pakistan. However, before it could accomplish the task of framing the constitution, it was dissolved in October, 1954. Thereafter, the Governor General, convened the Second Constituent Assembly in May, 1955, which framed and passed the first Constitution of Pakistan on 29th February, 1956. That Constitution was promulgated on 23rd March 1956, which provided for a parliamentary form of Government with a unicameral legislature. However, from 14th August 1947 to 1st March 1956 the Government of India Act, 1935, was retained as the Constitution of Pakistan.

            On October 7, 1958, Martial Law was promulgated and the Constitution abrogated. The Military Government appointed a Constitution Commission in February, 1960 which framed the 1962 Constitution. That Constitution provided for a Presidential form of Government with a unicameral legislature. The 1962 Constitution was abrogated on 25th March, 1969. The Civil Government, which came to power in December 1971 pursuant to 1970 elections, gave the nation an interim Constitution in the year 1972.

            The 1970 Assembly framed the 1973 Constitution which was passed on 12th April and promulgated on 14th August 1973. The 1973 Constitution provides for a parliamentary form of Government with a bicameral legislature, comprising of the National Assembly and the Senate.

The membership of the Senate, which was originally 45, was raised to 63 in 1977 and to 87 in 1985. The membership of the Senate was again raised from 87 to 100 in 2002.

Purpose & Role

            The main purpose for the creation of the Senate of Pakistan was to give equal representation to all the federating units since the membership of the National Assembly was based on the population of each province. Equal provincial membership in the Senate, thus, balances the provincial inequality in the National Assembly and dispels doubts and apprehension, if any, regarding deprivation and exploitation.
            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 body which represents the provinces/territories of the country and promotes a feeling of equality, peace and harmony, which is so essential for the growth and prosperity of a nation. Thus, the Senate in Pakistan, over the years, has emerged as an essential organ and a stabilizing factor of the federation.

Relationship between Constituent's of the Parliament

a) President and Parliament: Under Article 50 of the Constitution, the Majlis-i-Shoora (Parliament) of Pakistan consists of the President and two Houses to be known respectively as the National Assembly and the Senate.
            The President is elected by members of both Houses of the Parliament and the Provincial Assemblies. The President may be removed from office or impeached through a resolution, passed by not less than two-thirds of the total membership of the Parliament in a joint sitting of the two Houses, convened for the purpose.
            The Constitution empowers the President to dissolve the National Assembly in his discretion if a situation has arisen in which the Government of the Federation cannot be carried out in accordance with the provisions of the Constitution and an appeal to the electorate is necessary. The President in case of dissolution of National Assembly shall within fifteen days of the dissolution refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final. However, the Senate is not subject to dissolution.

In case the office of the President becomes vacant for any reason, the Chairman, or if he is unable to perform the functions of the office of the President, the Speaker, acts as President till such time that a President is elected. Same is the case when the President by reason of absence from Pakistan or any other cause is unable to perform his functions.

b) Relations between the Houses: Unless both the Houses pass a Bill and it receives President's assent it cannot become a law except in the case of a money bill which is the sole prerogative of the National Assembly. Through an amendment, the role of a Mediation Committee, comprising of eight members of each House, has been introduced to evolve consensus on Bills, in case there is a disagreement between the two Houses.

c) Cabinet: The Constitution provides that there shall be a Cabinet headed by the Prime Minister which is collectively responsible to the National Assembly. The Prime Minister is chosen from the National Assembly.
            The Federal Ministers and Ministers of State are appointed from amongst the members of Parliament. However, the number of Federal Ministers and Ministers of State who are members of Senate, shall not at any time, exceed one fourth of the numbers of Federal Ministers.

PRESIDENTS OF PAKISTAN

Major General Iskander Mirza

AUGUST 07, 1955 - OCTOBER 27, 1958

He received his military training at Royal Military Academy Sandhurst, England. In the 1930's and early 1940's, Mirza occupied important posts in the colonial administration of Orissa and the North West Frontier Province in British India. From 1948 to 1952 he served as Secretary to the Government. In 1954, he was appointed Governor of East Pakistan and from 1954 to 1955 he was Minister for Interior. He was the last Governor-General from September 1955 to March 1956 before Pakistan established its first constitution, replacing the Governor-General with the President, making him the first President of Pakistan, from March 1956 to 24 October 1958.

Field Marshal Muhammad Ayub Khan

OCTOBER 27, 1958 - MARCH 25, 1969

Ayub Khan graduated from the Aligarh Muslim University and received military training at Royal Military Academy Sandhurst, England. He commanded a battalion on the Burma Front during the Second World War. In January 1951, he was appointed Commander-in-Chief of the Pakistan Army, and in 1954 became Minister of Defence. He was appointed Chief Martial Law Administrator on 7 October 1958, after Iskander Mirza initiated martial law, thereafter staging a further coup against Mirza on 27 October and seizing the office of President for himself. In 1959, he awarded himself the title of Field Marshal and in 1960 was confirmed as President of Pakistan by means of a referendum. Ayub Khan ruled under martial law until 1962 and subsequently under his own tailor-made constitution until 1969.

He was re-elected for a second term in 1965 under a system of indirect elections known as "Basic Democracy". However, the widespread public enthusiasm shown to the Combined Opposition Parties (COP) candidate who was none other than Fatima Jinnah, sister of the Quaid-i-Azam, shook the confidence of the Ayub regime.

The Rann of Kutch and Kashmir Wars took place during his term (1965). He signed the Tashkent Declaration (1966), after which his popularity declined. Major demonstrations against the Ayub Khan government began across a widening spectrum of groups in different regions in 1968. The vociferous public demands for democratic political institutions, social justice and regional autonomy unnerved Ayub Khan.

General Agha Muhammad Yahya Khan

MARCH 25, 1969 - DECEMBER 20, 1971

General Agha Muhammad Yahaya Khan was born on 4 February 1917. He was commissioned into the Army on 15 July 1939. General Yahaya Khan, during the course of his military career, attended a number of professional courses at various military institutions. He was employed on various command, staff and instructional appointments. He remained Colonel Commandant of the Corps of SSG and Colonel-in-Chief of the Regiment of Artillery and Baloch. He was appointed as Commander-in-Chief of Pakistan Army from 18 September 1966 to 20 September 1971.

General Yahaya Khan was awarded the Persian Symbol after completion of six months service of Staff College Quetta, 1939-47 Star, Africa Star, Defence Medal, War Medal, Pakistan Medal, Coronations Medal-1953, Tamgha-i-Difa, Sitara-Pak, Hilal-i-Jurat, Sitara-i-Harb and Hilal-i-Pak.

General Yahaya Khan remained in War Services in Wazirstan, Cyprus, Eritrea, North Africa and Palestine. General Yahaya Khan passed away on 8 August 1980 at the age of 63.

Mr. Zulfikar Ali Bhutto

DECEMBER 20, 1971 - AUGUST 14, 1973

Zulfikar Ali Bhutto served as the fourth President of Pakistan from 1971 to 1973 and as the ninth Prime Minister of Pakistan from 1973 to 1977. He was the founder of the Pakistan Peoples Party (PPP), the largest and most influential political party in Pakistan. His daughter Benazir Bhutto also served twice as Prime Minister.

Bhutto was educated at the University of California, Berkeley, in the United States and University of Oxford in the United Kingdom. He was noted for his economic initiatives and authoring Pakistan's nuclear programme. He was executed in 1979 after the Supreme Court of Pakistan sentenced him to death for allegedly authorizing the murder of a political opponent. The perception is that this was a politically motivated judicial murder.

Mr. Fazal Ilahi Chaudhry

AUGUST 14, 1973 - SEPTEMBER 16, 1978

Mr. Fazal Ilahi Chaudhry was President of Pakistan from 1973 to 1978. He graduated from the Punjab University in 1927 and became a lawyer by profession. From 1944 to 1958, he was a member of the Muslim League. In 1948, he became Minister for Education and Health in the Punjab Government. Chaudhury served as Speaker of the West Pakistan Assembly from 1956 to 1958 and was one of the leading members of the Pakistan Peoples Party from 1967 to 1977. He became Pakistan's President in 1973 and was at first retained in that office by General Zia-ul-Haq when he seized power in July 1977. However, he was forced to retired from office in 1978, when General Ziaul Haq assumed the mantle of President.

General Muhammad Zia-ul-Haq

SEPTEMBER 16, 1978 - AUGUST 17, 1988

General Muhammad Zia-ul-Haq was President of Pakistan from 13 September 1978 to 17 August 1988. After the military coup of 5 July 1977, Zia-ul-Haq became the Chief Martial Law Administrator. His period in office was noted for the unjust trial and execution of former Prime Minister Zulfikar Ali Bhutto and for Pakistan's campaign against the Soviet occupation of Afghanistan. It also brought forth a plethora of legislation regarded as primitive and unfair to women and minorities, the spread of addiction to hard drugs, the growth of ethnic and sectarian tensions, and the breakdown of law and order. His death in a plane crash in 1988 marked the end of his Presidency.

Mr. Ghulam Ishaq Khan

AUGUST 17, 1988 - JULY 18, 1993

The responsibilities of leading the nation at a most critical juncture in its history fell on Mr. Ghulam Ishaq Khan's shoulders in the aftermath of President General Mohammad Zia-ul-Haq's death in a plane crash on 17 August 1988. As the then Chairman of the Senate, he assumed the office of Acting President in accordance with the Constitution and declared forthwith that general elections would be held in the country on the previously schedule date of 16 November 1988 for the National Assembly and 19 November 1988 for the Provincial Assemblies. He was elected as President of the Islamic Republic of Pakistan on 12 December 1988, with vast and varied experience in public service, spread over nearly half a century, demonstrating tested wisdom, and proven commitment to constitutional-ism and rule of law.

Mr. Farooq Ahmad Khan Leghari

NOVEMBER 14, 1993 - DECEMBER 02, 1997

President Leghari was born on 2 May 1940 and went to school at Aitchison College, Lahore in 1949. After graduating from school in 1958 he received a bachelor's degree (Honours) from the Punjab University in 1960 and a master's degree (Honours) in Philosophy, Politics and Economics from Oxford University (St Catherine's College).

On return to Pakistan, he competed successfully in the Central Superior Services Examination and worked in the Civil Service of Pakistan in various field and secretariat positions from 1964 to 1973. He resigned in 1973 to enter politics and joined the Pakistan Peoples Party with which he remained until his election as President. In the 1977 General Elections, he was elected to the National Assembly from his ancestral constituency in Dera Ghazi Khan. He was also inducted into the Federal Cabinet of Mr. Zulfikar Ali Bhutto as Minister for Production. In the 1993 General Elections, Mr. Leghari again returned to the National Assembly with an overwhelming majority. He was appointed Foreign Minister, but he only held this title for a few weeks before he was nominated by a number of political parties as their candidate for President. He was elected President by a large margin.

Mr. Muhammad Rafiq Tarar

JANUARY 01, 1998 - JUNE 20, 2001

On 1 January 1998, Muhammad Rafiq Tarar took the oath of office as the ninth President of the Islamic Republic of Pakistan. Muhammad Rafiq Tarar was born on 2 November 1929 in the village of Pir Kot in District Gujranwala near Lahore. After graduating from Islamia College, Gujranwala in 1949, Mr. Tarar secured his law degree from the University Law College, Lahore in 1951. The same year he was enrolled as a pleader. In October 1955, he was enrolled as an advocate in the Lahore High Court. Mr Tarar started his career as a judge when, in October 1966, he was appointed Additional District and Sessions Judge from the Bar. Before his election as President, he was a Senator elected un-opposed on the Pakistan Muslim League ticket in March 1997.

General (R) Pervez Musharraf

JUNE 20, 2001 - AUGUST 18, 2008

Pervez Musharraf assumed the Office of the Chief Executive on 12 October 1999. He was sworn in as the eleventh President of Pakistan on 20 June 2001 and concurrently held with it the Office of Chief Executive until 23 November 2002. He left the office of Chief of Army Staff and took oath for his second term as civilian President on 29 November 2007. He resigned on 18 August 2008 in view of an impending impeachment.