It is the first time a constitutional bill tabled by a private member was passed. All constitutional bills in the past were moved by the government. It was rare to see the opposition and treasury joining hands in a bitterly divided House that had failed to make even simple legislation in the last eight months.
Two consecutive constitutional bills, the 25th and 26th, have been passed in a span of one year for the tribal areas that had remained neglected for the last seven decades. The 25th Constitutional Bill in May last year sought to merge tribal areas in the province, extend jurisdiction of superior courts to it and give its people representation in the provincial assembly. The 26th Constitutional Bill passed on Monday seeks to further increase the number of their parliamentary seats.
Curiously, both the 25th and 26th Amendments were passed in inexplicable haste and this has raised some eyebrows.
The merger decision and moving the 25th Constitutional Bill for this purpose was taken on May 18 last year by the National Security Committee and not by the cabinet. No doubt it was widely welcomed, but the suddenness and the body which approved it also surprised some. On May 22, the federal cabinet endorsing the decision of the Security Committee decided to move a bill.
In just one day, the 25th Constitutional Bill was finalised, endorsed by the cabinet and tabled. It was passed by the National Assembly on May 24. The draft was not made public before it was tabled. There is little information about the internal discussions leading to its finalisation. Five days after it was passed, the term of the National Assembly and the government expired. The very next day, on May 25, the Senate also passed it with the required two third majority.
As it involved altering provincial boundaries, it had to be passed with two third majority by the provincial assembly of Khyber Pakhtunkhwa. On Sunday, May 27, the last day of its five-year term, the provincial assembly also passed it. Never before had a constitutional bill been rushed through so quickly.
There was a little noticed caveat also. Just a day before accenting to it, on May 31, the president, in exercise of powers then available to him, quietly signed the FATA Interim Administration Regulation 2018, a legal framework for the administration of tribal areas. Perpetuating the stranglehold of civil-military bureaucratic complex in tribal areas, the regulation stated that it “shall remain in force until complete merger of FATA with KPK.”
Signing of the regulation was also the last act of the president. By signing the 25th constitutional bill into law the next day, the president is permanently divested of powers to order any such legal framework for tribal areas.
Fears were expressed at the time that the provision of remaining in force until “complete merger of FATA” the regulation provided justification for indefinite continuation of militarisation of tribal areas and delaying its civilianisation. Those fears might be coming true. The elections, scheduled for July 2 this year in the tribal areas mandated by the 25th constitutional bill, have been put off by up to 12 months by the 26th constitutional bill for fresh delimitation of the constituencies.
Efforts to postpone elections were being made even before. Earlier a resolution, enthusiastically supported by the government, had suddenly sprung up in the National Assembly calling for postponement of elections. No adequate explanation was offered except that more time was needed for election campaigns. The Election Commission, however, declined saying it had completed the delimitation and will fulfil its constitutional obligation of holding elections by July 25.
Just when candidates were filing nomination papers for the July 2 elections, the 26th constitutional bill was suddenly tabled and all parliamentarians from FATA led by PTI Minister Qadri sprang into action, calling on leaders of political parties for support which was readily promised.
National Assembly Rules were suspended to allow introduction of the bill. The prime minister, who seldom attends proceedings, also came to the assembly and voted.
There can be no gain for the people in the short run from postponing elections. Only the sitting FATA parliamentarians will gain from it as they will face no competition from provincial assembly members in the distribution of 100 billion rupees annual development funds. Political parties may also gain by securing time to prepare for elections.
In the long run, of course, the people will gain most but only if elections indeed are held within a year and not put off further. Keeping in view the all too familiar machinations, however, there is a little serpent of doubt that bites the soul. Why?
Because postponing elections means no “complete merger of FATA,” no change in the FATA Regulation 2018, no demilitarisation, no civilianisation of tribal areas and no power transfer to their elected representatives. This is also what looks like the wish list of some elements in the state structure. There is a bonus too: put off any potential electoral challenge from bete noire PTM and gain time to counter it.
The writer is a former senator