Presidential ordinance constitutional, not in defiance of court verdict, says Farhatullah
Presidential Spokesman and senior member of ruling Pakistan Peoples Party (PPP) Farhatullah Babar has said that President by issuing the Ordinance under the advice of the Prime Minister Has shown respect to the independence of judiciary by upholding its verdicts
Talking to media men outside the Supreme Court Thursday, he said, “President by issuing the Ordinance under the advice of the Prime Minister achieved two important objectives under the circumstances; First, to show respect to the independence of judiciary by upholding its verdicts. Second, to demonstrate that law making is to be done in accordance with the Constitution and that Parliament is supreme”.
The Supreme Court had opined that the levy of 120 billion rupees under the name of Carbon tax appeared questionable and pending a decision on it had stayed the levy. The government accepted the interim order of the Supreme Court with an open heart. It issued an Ordinance levying petroleum development levy (PDL), as allowed under the Constitution. There is no contradiction between the two. The President has not suspended the Carbon tax. It was already suspended by the court verdict, he said.
Law making through Ordinances is not the most preferred or most desirable way of legislation but under circumstances when the National Assembly is not in session and when circumstances so warrant, the Constitution under Article 89 provides for the promulgation of Ordinances, he said.
The President, under advice of the Prime Minister promulgated the Ordinance, and it is within the ambit of the law and the Constitution, Farhatullah Babar said.
It is not important at what time the Ordinance was issued. What is important is whether the issuance of Ordinance was within the ambit of the Constitution and the law and it was.
He said relief to the people is most important and no political government can be unmindful of it. The government has been striking a delicate balance between providing relief to the people on the one hand and taking hard political decisions for long term economic viability on the other.
He said Levy of PDL is a difficult political decision but at the same time critical for long term economic viability. Those who wish to challenge the Ordinance, may do so. There is complete freedom to everyone and the judiciary is free and independent. Those who wanted to pit organs of the state against one another have been disappointed today, he said.