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I don't know if calling it "constitutional package (effecting obvious amendments in the Constitution) VS. impeachment of president" is correct or not. But, anyway.
According to Article 239 of the Constitution of Pakistan (http://www.pakistan i.org/pakistan/ constitution/), a Bill to amend the Constitution may originate in either House and, when the Bill has been passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House. It further enumerates that, if the Bill is passed without amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted (as stated above), it shall be presented to the president for assent. There is, of course, another situation in between, wherein if the Bill is passed with amendment by the votes of not less than two-thirds of the total membership of the House to which it is transmitted it shall be reconsidered by the House in which it had originated, and if the Bill as amended by the former House is passed by the latter by the votes of not less than two-thirds of its total membership it shall be presented to the president for assent.
Now let's see the requirement for impeachment of the president. According to Article 47 of the Constitution, the Speaker of the National Assembly, after receiving a notice for impeachment either directly or through the Chairman of the Senate, shall within three days send a copy of the notice to the president, and shall summon joint sitting of the two houses within 7 to 14 days to investigate the grounds for impeachment. After considering the result of investigation, a resolution may be passed at the joint sitting, of both the houses, by the votes not less than two thirds of the total membership of the Parliament declaring the president unfit for the office. The president shall cease to hold office immediately on passing the resolution
If I have understood the implication of both the Articles relating to amendment of Constitution and impeachment correctly, it seems clear that two third majority votes of both the houses Parliament in both cases are needed. According to my small understanding, however, headcounts in impeachment may be little easier, in today's Pakistani scenario, than in the case for passing a so-called Constitutional package effecting Constitutional amendment/s. This is, as I understand, because of the fact that two third majority would be easier to achieve in joint session, as support shortfall of one house can be compensated by the support abundance of the other house, than achieving two third majority separately in both houses.
I would like my friends, here and everywhere, particularly those who may be expert in constitutional questions, minutely check my understanding, and clarify if I am right or wrong in my understanding.
Considering beforehand that, my understanding might have some worth and weight in it, I would like to pose a question: PPP is shying away from the question impeachment of pervez musharraf on the ground that for impeachment it has no two third voting strength in the senate. But then it is pressing harder and harder for constitutional amendments to be brought in, which would not only require two third majority votes separately in both houses but also the assent of pervez musharraf for the same. Is this not PPP's trading lies, treading on deceitfulness, and making people goof on its hobnobbing with musharraf's establishment? It is really strange how daringly PPP and all its leaders and spokespersons are playing naked game of making people goof and fool. This is however not strange that, there are many people who are always ready to be befooled by this party.
- Sayef Hussain
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