Legal Shape of The Agreement
1. All the mutually agreed points must be brought For Guarantee before the
Parliament, National and Provincial assemblies to pass an Act or Resolution.
or
Before All the heads of Parliamentary Parties for assurance/Guarantee.
or
To Pass Ordinances by the President and Governors.
Note:- The required Constitutional amendments be codified and enforced by 2/3 Majority of the Parliament.
Note:- Other reformatory provisions be codified and enforce by passing of Act of Parliament or National and Provincial Assemblies by simple majority.
Final Shape of Agreed From the 10 Points Agenda
2. The Names of agreed Schemes
with Budgetary allocations for the Welfare of the Public as per our 10 Points
Agenda must be announced
and necessary Notifications must be issued forthwith.
Note:- The Ten points Agenda shall be enforced by the issuance of NOTIFICATIONS by Federal and Concerned Provincial Governments and Finance Department.
Point to Point Constitutional and Legal Shape
Part-I: Proposed Constitutional Amendments to Ensure Fair and Transparent Elections
Research by: Anwaar Akhtar Sh
Advocate Supreme Court
2nd proposal 17.7.2014
Latest proposal 27.8.2014
Article 140
To be added A/140 (A) (3) Local Governments
The Election of Local Governments shall be held after every four years. The Elections shall be held within 90 days after the completion of its tenure. The Local Governments shall not be suspended or dissolved by the Federal or Provincial Governments except by passing of Act. The parliament shall pass New Local Government Act wherein the maximum Political, financial and administrative powers, authorities, responsibilities and institutions of the Provinces shall be delegated and transferred to the Local Governments. The Funds shall forthwith be transferred from the Province to the Local Governments according to the preceding Census.
Note: - These reformatory provisions may be codified and enforce by passing of Act of Parliament or National and Provincial Assemblies BY Simple Majority.
Elections
Article 213
To be deleted: the appointment of the Election Commission procedure laid down in A/213 Chief Election Commissioner (2-A) (2-B) to be deleted and substituted by
adding A/213 (2-C) “ The Chief Election Commissioner and the members of the Election Commission shall be appointed by the Judicial Commission of Pakistan in accordance with the provisions laid down in A/175 A. Appointment of Judges………. “
Note: - Only through Constitutional amendments by 2/3 Majority of the Parliament.
To be added A/213(2AA). Chief Election Commissioner.
The parliament shall formulate the procedure of Hearing and Confirmation for the appointment of the Chief Election Commissioner.
To be added A/213(2) (c) Election Commission.
The parliament shall formulate the procedure of Hearing and Confirmation for the appointment of the members Election Commission.
Note: - These reformatory provisions may be codified and enforce by passing of Act of Parliament or National and Provincial Assemblies BY Simple Majority.
A/218 Election Commission
To be added A/218(4) The Election Commission shall be impartial and independent administratively and financially as well as no political interference shall be validated by the concerned authority and auditors.
To be added A/218 (5) The Procedure of Elections including Electronic System of Registration of Voters and Electronic Votes Casting Systems and likewise shall be adopted on the basis of the modern technology, scientific and advance methods to ensure corruption-less, in-expensive and transparent systems of elections to ensure the real participation of the Nation according to their classes and abilities.
Note:- These reformatory provisions may be codified and enforce by passing of Act of Parliament or National and Provincial Assemblies BY Simple Majority.
Article 224
To be added A/224-1(AA) Time of Election and by Election.
The Local Bodies Governments shall be suspended and Administrators shall be appointed by the Election Commission 90 days prior to the Elections of National and Provincial Assemblies.
To be added A/224(AAA) Development Funds.
All the Development funds shall be freeze forthwith from the 1st day of New Financial year or 90 days prior to the Elections except of previously running projects.
Note:- These reformatory provisions may be codified and enforce by passing of Act of Parliament or National and Provincial Assemblies BY Simple Majority.
Care Taker Cabinet
To be added in heading of A/224 “And Appointment of Care Taker Cabinet” After Existing Heading “Time of Election and By Election”.
To be partly amended A/224 (1-A ) Provided that the Care Taker Prime Minister and Care Taker Governors shall be appointed by the President “ on the advice of the” “Election Commission” instead of “ in consultation with” “the Prime Minister/Chief Ministers and Leader of the Opposition in the outgoing National Assembly/Provincial Assemblies”.
Note:- Only through Constitutional amendments by 2/3 Majority of the Parliament.
ArticleS 51 and 59
Proportional Representation System of Election
To be substituted and added. A/51 NATIONAL ASEMBLY A/51 (6) (a)
A/59 (2) The Senate
Members to the General Seats allocated for a province (for N.A. & Senate) on the basis of preceding Census Shall be elected in accordance with law through Proportional Representation System of Political Parties’ Lists of Candidates keeping in view of provisions A/62-63 on the basis of total votes obtained by a Political Party from the Province and Federal Capital concerned.
Members to the Reserve seats allocated shall be elected in accordance with law through Proportional Representation System of Political Parties’ Lists of Women Non Muslims keeping in view of provisions A/62-63 for N.A. & Technocrats including Alim Candidates for Senate respectively on the basis of total votes obtained by a Political Party from the Province concerned and Federal Capital.
Note:- Only through Constitutional amendments by 2/3 Majority of the Parliament.
Amendments & Enforcement Of A/62-63 & 63-A
To be added A/62 (3) Scrutiny.
The Scrutiny of the Nomination Papers of the candidates shall be conducted at least within 30 days from its commencement.
To be added A/62(dd) in existing A/62 (d) CHARACTER.
Existing A/62(d) he is of good character and is not commonly known as one who violates Islamic Injunction.
To be added A/62(dd). The parliament shall lay down its level and procedure.
To be added A/62(ee) Qualification.
He possesses such other qualifications as may be prescribed by Act of parliament.
Note:- These reformatory provisions may be codified and enforce by passing of Act of Parliament or National and Provincial Assemblies BY Simple Majority.
Article 224
To be deleted A/224(A),
To be deleted A/224(2) to (5) and
To be substituted A/224(6) b “When a seat in the National Assembly or Senate falls vacant, on account of death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of candidates submitted to the Election Commission by the political party whose member has vacated such seat.”
Note: - Only through Constitutional amendments by 2/3 Majority of the Parliament.
Article 52
To be amended A/52. DURATION OF NATIONAL ASSEMBLY
To be substituted words “four years” instead of “five years”.
Note:- Only through Constitutional amendments by 2/3 Majority of the Parliament.
Part-II: Proposed Constitutional Amendments to Ensure 10 Points Agenda for Public Welfare
Research by: Anwaar Akhtar Sh
Advocate Supreme Court
2nd proposal 17.7.2014
Latest proposal 27.8.2014
Divisions declared as provinces.
To be added A/2(4) Divisions.
The Divisions, agencies of Gilgit Bultastan, FATA and PATA are declared as Provinces of the Country.
Note: - Only through Constitutional amendments by 2/3 Majority of the Parliament.
Principles of policy become mndatory. (Our 10 points agenda)
To be deleted A/30(2) Responsibility with Respect to Principles of Policy
The validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy and no action shall be against the State, any organ or authority of the State or any person on such ground.
Note: - Only through Constitutional amendments by 2/3 Majority of the Parliament.
National Government
To be added 92 (1-A) Federal Ministers and Ministers of State
Subject to clauses (9) and (10) of Article 91, the President shall appoint Federal Minister and Ministers of State from amongst the members of parliament…… (To be added…. Or otherwise from outside the parliament keeping in view the conditions laid down in A/62-63…… on the advice of the Prime Minister.
To be added 92 (2-A) National Government
The Prime Minister shall form the National Government to reform the system and its enforcement to ensure the easy and legal accessibly of every citizen especially poor, able and deserving people to the national resources and State Institutions so that the country shall definitely become a Real Democratic, Islamic and Welfare State.
Note: - Only through Constitutional amendments by 2/3 Majority of the Parliament.
Appointment of impartial & eligible chief executives of government & sami govt. Departments etc. To ensure institutions to be impartial and independent
To be added A/100-A (1) appointment of impartial & eligible chief executives including associate decision maker members of government departments, sami governments , corporations, autonomous, commissions, agencies, Bureaus, banks, security forces, security agencies & authorities, & constitutional posts or likewise shall be through impartial and independent “higher services commission” to ensure transparency in these appointments. Such appointments may be preferably on seniority basis or directly from outside. The higher services commission shall be appointed through the judicial commission of Pakistan. The hearing and confirmation procedure shall be followed duly formulated by the parliament for these appointments. The procedure for the appointments of the remaining officers/staff through recruitment committees of the concerned institution shall be subject to ensure impartiality, independence, eligibility and transparency in appointments.
every vacant vacancy shall be filled within 90 days.
To be added A/100-A (2) All such institutions shall be impartial and independent administratively and financially as well as no political interference shall be validated by the concerned authorities and auditors.
To be added A/100-A (3) All previous appointments of Chief Executives Including Associate Decision Maker Members of all institutions made by the Federal or Provincial Government shall stand removed forthwith after the passing of this Act and fresh appointments of CHIEF EXECUTIVES INCLUDING ASSOCIATE DECISION MAKER MEMBERS as per A/100 A(1).
To be added A/100-A (4) There shall be no discretionary powers or discretionary and secrete funds on the disposal of any office bearers of the institutions. All orders shall be passed in writing as no oral order shall be validated by the concerned authority and audit.
Personal Note:- Resignation must be taken forthwith from the Election Commission, Privatization Commission, Commission for Reckodic Gold mines, Accountability Bauru, FIA, Police, IB and other new appointments in other Institutions after the establishment of this Federal Govt: and Govt: of Punjab & Balochistan.
Note:- Through Constitutional amendments by 2/3 Majority of the Parliament.
or
Note:- These reformatory provisions may be codified and enforce by passing
of Act of Parliament or National and Provincial Assemblies by simple majority.
Judiciary & Its Powers To Be Delegated From Top Toward Bottom
To be deleted A/175 (1) and substituted by A/175 (1-A)
There shall be a Federal Supreme Court, a Provincial Supreme Court for each Province and a High Court for each District including Islamabad Capital City and such other courts as may be established by law.
A/175(4) the right of people to access to real, fair, speedy and in-expensive justice shall be ensured.
In A/184 ORIGINAL JURISDICTION OF SUPREME COURT. The words “Supreme Court” to be substituted by the words “Federal Supreme Court”
In A/186 ADVISORY JURISDICTION. The words “Supreme Court” to be substituted by the words “Federal Supreme Court”
Note: - Only through Constitutional amendments by 2/3 Majority of the Parliament.
Accountability
To be added A/175 (2-A)
There shall be Accountability Courts and Ombudsmen at District Level. The Accountability
Bauru shall also be impartial and independent administratively and financially as
well as no political interference shall be validated by the concerned authority
and auditors.
To be added A/175 (3-A)
The Accountability Bauru shall be impartial as well as independent administratively
and financially.
Note: - Through Constitutional amendments by 2/3 Majority of the Parliament.
or
Note: - These reformatory provisions may be codified and enforce by passing of Act of Parliament or National and Provincial Assemblies by simple majority.
10 Points Agenda
- The Names of agreed Schemes with Budgetary allocations for the Welfare of the Public as per our 10 Points Agenda must be announced and necessary Notifications must be issued forthwith.
Note: - The Ten points Agenda shall be enforced by the issuance of Notifications by Federal and Concerned Provincial Governments and Finance Department.
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