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Old Sunday, December 09, 2007
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Government’s legal aides give final shape to PCO-2


* Legal aides suggested clauses related to judiciary be altered
* 10 seats in NA suggested for ulema, technocrats, professionals

Staff Report

ISLAMABAD: The government’s legal aides gave final shape to a draft of the Provisional Constitution Amended Order-II (PCO-2), recommending several amendments in the constitution before lifting the emergency on December 15.

The draft, penned by Syed Sharifuddin Pirzada, was finalised during a meeting at President’s House. Attorney General Malik Qayyum, Wasim Sajjad and several officials of the Law Ministry and presidential aides attended the meeting.

Judiciary clauses: Sources said the legal aides suggested that clauses related to the judiciary be altered. Article 209, which deals with the accountability of the superior judiciary, would authorise the president to send, in consultation with the Supreme Judicial Council, a judge on forced leave until his case had been decided. The sources said that the legal advisers are also considering amending Article 41(3). It said this amendment would allow the presidential election to be held even before the expiry of the presidential term, as the words related to the fixed period of the presidential election shall be abolished with effect from August 17, 1988.

Similarly, Article 44(2), regarding the eligibility for the presidential candidate, is also likely to be amended with the words, “subject to constitution” being replaced by “notwithstanding anything contained in the constitution”, they added.

10 seats: They said the government was also considering amending Article 51-2(A) to allow 10 seats in the National Assembly to be reserved for ulema, technocrats and professionals. According to the proposal, every provincial assembly would elect two members, Daily Times Monitor quoted Geo News as reporting. A proposal to hold the elections for the two seats of Islamabad, according to the procedure laid down in Article 59, is also under consideration, it added.
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