The following mention appeared in Business Recorder on August 20, 2023, at the following link
https://www.brecorder.com/news/40258867/what-is-article-75-in-constitution-of-pakistan
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.
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.
“Article 75 does not provide for any third option.
“In the instant matter, neither of the requirements were fulfilled. Instead, the president purposely delayed the assent.”
The ministry explained that returning the bills without any observations or assent is not provided for in Pakistan’s constitution. “Such a course of action is against the letter and spirit and the Constitution,” it said.
Reactions on Alvi’s revelation
Reacting to Alvi’s statement on Sunday, legal experts, journalists, and political analysts also termed it a matter of grave concern.
Supreme Court advocate Salman Akram Raja said the president’s position that he directed return deserves the highest credibility.
Legal Advisor Reema Omer said if President fails to either assent to a bill or refer it back to parliament in ten days (in the first instance), he is in breach of his constitutional duty, but it doesn’t mean assent is deemed.
Journalist Asma Shirazi demanded an investigation into the matter.
The Pakistan Institute of Legislative Development (PILDAT) President Ahmed Bilal Mehboob asked Alvi to clarify whether he returned the two bills within 10 days after recording his objections on the bills in writing.
