Legal experts say president’s non-assent invalidates Army Act and Official Secrets Act

ISLAMABAD: A recent revelation by President Arif Alvi that he did not sign the Army Act and Official Secrets Act has ignited a fresh wave of political turmoil in Pakistan. Renowned legal experts have weighed in on the matter, asserting that these two bills have not metamorphosed into laws due to the president’s lack of assent. According to legal authorities, the president’s refusal to endorse the bills and his recommendation for them to be sent back to the parliament have prevented their enactment.

In an exclusive discussion on HUM News’ programme “Pakistan Tonight,” senior lawyer Salman Akram Raja expounded on the intricacies of the constitutional process. He clarified that if the president does not give his assent on a bill, it is incumbent upon him to refer it back to the parliament for further scrutiny. After due process, if the parliament sends the bill and the president withholds his signature again for 10 days, only then it be inferred that the bill has become a law.

Raja emphasized that even if the president abstains from making explicit comments on a bill under article 75/1 in the first instance, and instead instructs his official staff to return it to the parliament, it is deemed that he has withheld his assent. He said that any attempt to bypass this process renders the bill vulnerable to legal challenge, asserting that the Supreme Court could nullify the two bills, now acts, on account of procedural discrepancies.

Furthermore, Raja underscored the significance of the caretaker information minister’s acknowledgment that the president has not endorsed any documentation, making it unequivocal that the lack of presidential approval renders the bills non-enforceable.

Army Act and Official Secrets Act bills now become laws: minister

Highlighting the timeline, Raja stipulated that if the president refrains from signing a document in the first instance, it will be resubmitted to the parliament, and it can only become a law under 75/3 of the constitution if the president doesn’t sign it within 10 days after the document is sent to him for the second time.

Addressing the contentious notification from the Senate Secretariat, which stated that the president’s assent was deemed effective from August 17, Raja argued that such a “deemed to have assented” scenario holds no legal standing under article 75/1, unless the stipulated procedure is adhered to. He clarified that if a bill is submitted again to the president and it remains unsigned within the prescribed 10-day window, only then can it be “deemed to have obtained presidential assent” as per article 75/3.

Barrister Ali Zafar corroborated Raja’s stance, emphasizing that a bill’s journey towards becoming law hinges on the president’s endorsement. Zafar elucidated that the president possesses two pivotal options upon receiving a bill – either to endorse it or to reject it. In the event of rejection, the bill circles back to the parliament for reconsideration, possibly culminating in a joint session.

Zafar further expounded that if the joint session results in the bill returning to the president’s desk for his signature, the 10-day grace period comes into play, during which the bill could attain the status of law even if the president gives his assent to it.

According to the official notification issued by the Senate Secretariat and available with “Pakistan Tonight,” host, said that the “Official Secrets (Amendment) Bill, 2023” and the “Pakistan Army (Amendment) Bill, 2023” have been “deemed to have been assented by the president.”

The notification specified that the “Official Secrets (Amendment) Bill, 2023” received the president’s supposed approval starting from August 17, while the “Pakistan Army (Amendment) Bill, 2023″ was similarly deemed to have obtained presidential assent from August 11.”

This revelation adds a layer of complexity to the ongoing debate surrounding these bills and their legislative legitimacy.