A statement from President Dr Arif Alvi on Sunday denying signing changes to the Official Secrets Act and the Pakistan Army Act and later the law ministry refuting the president’s statement led to a debate on Article 75 of the Constitution of Pakistan.
President Alvi’s statement came on microblogging platform X (formerly Twitter), a day after he had reportedly assented to the two bills, which were criticised by both the opposition and treasury benches before they were passed by the Senate and National Assembly and sent to the president.
Article 75: President’s assent to bills
According to Article 75, when a bill is presented to the president for assent, the president shall approve the bill within 10 days or, in the case of a bill other than a money bill, return it to the Majlis-e Shoora (Parliament) with a message requesting that the bill or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.
It further states that when the president has returned a bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and 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.
And, when the president has assented or is deemed to have assented to a bill, it shall become law and be called an Act of Majlis-e-Shoora (Parliament), according to Article 75.
No act of Majlis-e-Shoora (Parliament), and no provision in any such Act, shall be invalid by reason only that some recommendation, previous sanction or consent required by the Constitution was not given if that Act was assented to in accordance with the Constitution, it states.
No constitutional crisis after President’s statement: Interim info minister
President Arif Alvi’s revelation
In his statement, Alvi claimed that he had asked his staff to return the bills unsigned within the stipulated time to make them ineffective.
Ministry of Law and Justice’s “grave concern”
The Ministry of Law and Justice expressed grave concern over Alvi’s statement, saying he had not abided by Article 75.
“As per Article 75 of the Constitution, when a bill is sent for assent the president has two options: either give assent, or refer the matter to the parliament with specific observations,” the Law ministry said in a press release.