338th Session of the Senate

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Highlights

  1. The Senate met for 8 hours and 37 minutes in 3 Sittings
  2. Longest sitting lasted 4 hours and 32 minutes while shortest sitting lasted 1 hour and 23 minutes
  3. No Government or Private Member bill was passed
  4. 3 ordinances laid during the Session

Summary

Three (3) ordinances were laid in the Senate during the 338th Session. The Senate unanimously passed a Resolution expressing deep sorrow over the tragic helicopter crash that resulted in the death of the Iranian President Dr. Ebrahim Raisi and others. The longest discussion, lasting 1 hour and 10 minutes, focused on the rule of law in the country and the role of the judiciary.

Working Hours

The 338th session of the Senate began on May 21, 2024 and was prorogued on May 24, 2024. Three (3) sittings were convened during the session spanning 4 days. The Session met for 8 hours and 37 minutes with an average duration of 2 hours and 55 minutes per sitting. The longest sitting of the session was held on Wednesday, May 22, 2024 when the house was adjourned after meeting for 4 hours and 32 minutes. The shortest sitting was held on Friday, May 24, 2024 when the House was adjourned after meeting for 1 hour and 23 minutes. The Schedule of the Sittings is given in Appendix A.

Figure 1: Working Hours

Agenda of the Session

72.05% of the agenda items were disposed of during the session.

Figure 2: Agenda Items Left over

Quorum

Quorum was not pointed out during the 338th session of the Senate.

Attendance

On average, fifty-six (56) Senators were recorded as present during the session.

Senator Syed Shibli Faraz, (KP, PTI), Leader of the Opposition in the Senate, attended 2 or 67% sittings. Senator Mohammad Ishaq Dar, Leader of the House (ICT, PML-N) did not attend any sitting of the 338th session of the Senate.

Figure 3: Attendance

Top 5 Vocal Senators

Senator Azam Nazeer Tarar, (Punjab, PML-N), Federal Minister for Law and Justice, was the most vocal Senator during the session with a recorded talk time of 1 hour and 25 minutes. He was followed by Senator Syed Shibli Faraz, (KP, PTI) Leader of the Opposition, who spoke for 37 minutes. Senator Aimal Wali Khan, (Balochistan, ANP) spoke for 31 minutes. Senator M. Fesal Vawda, (Sindh, IND) spoke for 28 minutes. Senator Mohsin Aziz, (KP, PTI) spoke for 20 minutes.

Figure 4: Top 5 Vocal Senators

Legislation

No Government or Private Member bills were passed during the session.

Figure 5: Legislation

Ordinances

Three (3) ordinances were laid during the Session. The Apostille Ordinance, 2024 (No. I of 2024), laid on May 21, aimed at simplifying the authentication process of public documents for international use by abolishing the traditional and cumbersome legalization process.

Laid in the Senate on May 21, The Seed (Amendment) Ordinance, 2024 (No. II of 2024) sought to establish a National Seed Development and Regulatory Authority, along with Seed Tribunals, and to create a modern and effective legal and regulatory framework for the development, regulation, administration, and management of seeds.

The Cannabis Control and Regulatory Authority Ordinance, 2024 (No. IV of 2024) laid on May 21, aimed at establishing a regulatory framework to generate government revenue through taxation and to promote the development of a supply chain for industrial and medicinal cannabis.

Reports laid before the Senate

Reports laid during the Senate session included the Appropriation Accounts of the Government of Pakistan for the Financial Year, 2020-2021, Audit Reports of the Auditor-General of Pakistan relating to the Accounts of the Federation for the Audit Year 2021-2022 (Phase-II), the Half Yearly Report of the Board of Directors of State Bank of Pakistan on the state of Pakistan’s Economy for the Year 2023-2024, and the Appropriation Accounts of the Government of Pakistan for the Financial Year 2021-2022 and Audit Reports of the Auditor-General of Pakistan relating to the Accounts of the Federation for the Audit Year 2022-2023.

Analysis

Rule of Law and the Role of the Judiciary

In response to the Supreme Court contempt charges against Mr. Vawda on May 17, 2024 for his press conference against the judiciary,[1] Senator Vawda used a point of public importance on May 21, 2024. Senator Vawda accused the judge of not only questioning his integrity but also of the Parliament. He said that “I am moving a privilege motion seeking action against Judge Athar Minallah. It is up to the house or the chair or the committee to take action against him.” Senator Vawda asserted that the judge labelled him a proxy without substantiating the claim suggesting prejudice and bias. He reaffirmed his statements from the news conference and challenged the judge to provide evidence supporting the accusation. He criticized what he perceived as a double standard, noting that while others face summonses for misconduct, judges accused of wrongdoing often face no consequences, being dismissed as merely making mistakes. Additionally, he added that “I did not even point to anyone in particular, did not address anyone, yet I was served with a contempt of court notice.”[2]

Senator Irfan Siddiqui, (Punjab, PML-N) said that the superior judiciary had historically endorsed “violators of the Constitution.” Siddiqui criticized the judiciary for frequently invoking the doctrine of necessity and undermining democracy, politicians, and political principles. He rhetorically questioned, “who granted them the authority to label someone as Sicilian mafia, Godfather, or proxy?” Senator Siddiqui also pointed out that while Articles 62 and 63 of the Constitution apply to lawmakers, he queried how often these provisions had been applied to judges.[3]

Senator Azam Nazeer Tarar, (Punjab, PML-N) Federal Minister for Law and Justice, recommended that the matter of the contempt notice issued to Vawda should be referred to the Senate Secretariat. He suggested that the Secretariat compile a report and submit it to the Senate Chairman, who would determine the next steps. Senator Tarar said that there was no conflict between institutions but underscored that the Constitution of Pakistan does not empower any court to make impulsive statements in anger.[4]

Senator Muhammad Tallal Badar (Punjab, PML-N) reaffirmed his party’s dedication to respecting the judiciary’s rulings. “Even while facing allegations of contempt of court, I remain steadfast in my principles,” he emphasized, highlighting that penalizing lawmakers does not enhance the prestige of the courts.

Senator Aimal Wali Khan (Balochistan, ANP) criticized government-aligned lawmakers for accusing the judiciary of practicing “selective justice and discriminatory contempt of court actions.” Senator Wali Khan strongly criticized both sides of the divide, stressing that the sanctity of the Parliament should surpass partisan agendas. He emphasized the critical need for the Parliament to function independently, free from affiliations with either the ruling party or the opposition.[5]

Resolution

The House passed a resolution expressing its profound grief over the death of the Iranian President Dr Ebrahim Raisi, Foreign Minister Hossein Amirabdollahian and others in a tragic helicopter crash. The resolution was moved by Senator Sherry Rehman (Sindh, PPPP) and was passed unanimously on May 21, 2024.

Time consumed on Discussion of Policy Issues

The quality of the time used during the 338th Senate session can be gauged by analysing the time consumed on discussing key issues of democratic governance. The time dedicated to discussion on policy issues was 2 hours and 52 minutes. The maximum time consumed in discussion was on Point of Public Importance about the rule of law in the country and role of judiciary for 1 hour and 10 minutes.

It must be noted that PILDAT has classified that a policy issue is such that involves any recommendation on devising a policy. Any discussion on an issue that does not go beyond mere criticism or highlighting a concern does not fall into policy issue and is treated as discussion or time spent on non-policy issues.

References

 

  1. Nasir Iqbal, “Notices issued to Vawda, Kamal for ‘contempt” Dawn online, May 18, 2024, accessed May 28, 2024. https://www.dawn.com/news/1834223. ↑

  2. “Vawda tables privilege motion against Justice Minallah” The Express Tribune online, May 21, 2024, accessed May 28, 2024. https://tribune.com.pk/story/2467643/vawda-tables-privilege-motion-against-justice-minallah. ↑

  3. “Vawda moves privilege motion in Senate against SC judge” The News International online, May 22, 2024, accessed May 28, 2024. https://www.thenews.com.pk/print/1191824-vawda-moves-privilege-motion-in-senate-against-sc-judge. ↑

  4. Nadir Guramani, “Inappropriate of judiciary to label senator as ‘agent of someone’: law minister” Dawn online, accessed May 28, 2024. https://www.dawn.com/news/1835032. ↑

  5. “Contempt of court sparks Senate fury” The Express Tribune online, May 22, 2024, accessed May 28, 2024. https://tribune.com.pk/story/2467783/parliament-being-used-against-judiciary-says-anps-aimal-wali-in-fiery-senate-speech. ↑