Hafiz Ahsaan Ahmad Khokhar, Advocate Supreme Court of Pakistan, who is constitutional expert, has opined on the issues of returning of two bills (Election and NAB laws) by the President of Pakistan that there is clear scheme and procedure regarding president’s assent has been mentioned under Article 75 of the Constitution of Pakistan to a bill passed by Parliament.
The legal expert further explained that every passed bill of Parliament has to be presented to the president for his assent under Article 75(1) of the Constitution, and the president shall, within ten days of such receipt, give his assent to such approved bill of Parliament. However, as per legal expert, the president has the prerogative and can return a bill other than to a money bill to the 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.
Hafiz Ahsaan Ahmad Khokhar further stated that when after return of such bill, the same shall be reconsidered by the Parliament in the joint sitting of Parliament and if it is again passed, with or without amendment, by the Parliament under Article 75(2) of the Constitution 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.
The Constitutional expert further said that when such a Bill which was earlier returned by the President would be again passed by the Parliament under Article 75 (2) of the Constitution with majority in joint sitting of the Parliament, then the same would be presented again to the President, and the President shall give his assent within ten days, failing which such assent shall be deemed to have been given.
Hafiz Ahsaan Ahmad Khokhar said that when the President would assent or would be deemed to have assented to a Bill, it shall become law and be called an Act of Parliament as per Article 75 (3) of the Constitution. He further said that President’s assent is ceremonial that as per Article 75(4) of the Constitution which states that no act of 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.
