It is very important that when we discuss parliamentary supremacy we should have a clear idea of parliamentary practices and norms being duly followed in parliament. Without this it is impossible to claim that we have accomplished parliamentary supremacy and parliamentary institutional strengthening. I have only spent a little over one year in parliament but that has made me realize that parliamentary norms when not followed create chaos and civilian dictatorship.
My first training in parliamentary practice was given to me by former MNA (late) Mr MP Bhandara and Senator Bhinder of PML. Mr Bhandara presented me with Kaul (Indian parliamentary practices) and my legal friends gave me a copy of Erskine May (UK parliamentary procedure). I was presented my first copy of the constitution by my father Senator Memon many years back. And the Rules of Procedure & Conduct of Business 2007 by the Assembly. These formulate my source points for learning what is correct parliamentary practice from a theoretical point of view.
In my last one year of parliament I have tried to consult these valuable sources and quote from them but frankly to no avail because the atmosphere in the assembly does not support such practice. Let’s discuss what actually happens in the assembly.
Point of orders as given in assembly to all of us including myself are by far the most misused of the tools of parliamentary practice. Conceptually they are there to discuss procedures and not to discuss substantive arguments on a motion resolution or question. There are separate tools to discuss constituency issues and misgovernance issues of the government. But those are never exercised and instead its one big scramble for points of orders. After all when parliamentary practice was formed there must have been some reason why every other tool was created like adjournment, calling attention, question hour rather than lump everything in point of order. Moreover, the constituency issues whch are critical once raised go unattended since no minister actually takes notice and does a follow up fix it on it.
In order to gag opposition the best excuse used is to say a motion is inadmissible because correct procedure was not used even when that procedure was followed to the letter. This falls within the practice of encouraging an atmosphere where certain members of government can indulge in civilian dictatorship. If a privilege motion having been admitted, read by the member, withdrawn by the same member can be expunged when there is no cause for expunction then I rest my case. Or more so when opposition member’s privilege motions are not allowed for presentation in front of assembly that in itself is a privilege issue. Or when senior officials of the assembly suggest that privilege motions should be moved as point of orders that’s an even bigger cause of concern.
The point is why are rules twisted to suit government by every successive government. I am sure we must have done the same in our time. That doesn’t make it right. It’s done because there is a fear of discussing the truth. Because there is a twisted belief that opposition criticizes for the sake of criticism. Frankly we don’t have the time to do so. Some of us are on a mission to fix Pakistan. And some of us only criticize to fix the injustices. The struggle of fixing whilst in opposition is greater than whilst in government. Imagine if you are in government and you have a will to fix. You can succeed most easily with a sign of a pen.
The expunction phobia is getting the better of the government these days. Every time there is any criticism however civilized on the senior leadership, it is expunged. Let it be clear that there needs to be tolerance for listening to criticism. Nobody is abusing, we are just criticizing on policy not personality. Technically the Speaker can only conduct expunction when in his/her opinion words used are defamatory, indecent or unparliamentary or undignified. Secondly I have noticed that criteria for expunction is leadership specific. On their own leadership criticism is not acceptable. But on previous leaderships which were not associated with them any kind of abuse is acceptable and recorded on the microphone of the assembly. This discrimination also needs to be fixed.
Legislation passed by this assembly was only 4 pieces last year of a house of 342. I was grateful and honored that mine was one of them. We need to move towards more legislation this year. And to start with we need to implement rules of procedure for all and not for the select opposition parliamentarians. Only then will be believe that the days of civilian dictatorship are over. And where a few of the ministerial stooges of the cabinet don’t hijack rules of procedure for their vested interests. Lets be just please in following rules of procedures for parliamentary strengthening for all and not just a few.