Legislators' suspension

Transparency and accountability are cornerstones of any democracy. But it appears the current nascent democratic setup has yet to catch up on such ideals. Recently, the Election Commission of Pakistan (ECP) suspended membership of 231 legislators of the National Assembly, Senate and provincial assemblies for not submitting the details of their assets and liabilities by the deadline as prescribed by the law.

The declaration of accounts and assets is an annual mandatory requirement for our parliamentarians. According to the Representation of the People Act, 1976, all members of the parliament and provincial assemblies must submit details of their assets and liabilities, and those of their spouses and dependents, to the ECP by September 30. The ECP is required to notify the names of those failing to do so by October 15 and issue notice of their suspension.

But it seems this annual exercise, which should be a routine for the lawmakers by now, is either too burdensome or trivial to be completed without any delays. Since 2009, the ECP has been suspending legislators every year after their failure to comply with the constitution.

Yet instead of learning from the past censures, the parliamentarians continue with their brazen ways; in the tenure of current parliament, this year has recorded the highest number of parliamentarians suspended for non-compliance. 

This continual disregard of the law represents the attitude of the population in general and those in power in particular. Socially, we take pride in getting away with minor offences such as running a traffic light or avoiding a fine by calling in favours from friends in powerful positions. 

Our lawmakers, obvious representatives of their constituents, do not aim to set a better example either. Pretending to be above the law, many legislators feel no qualms in openly defying the rules. Just a few months ago, MNA Anjum Aqeel managed to escape police custody in Islamabad as his cronies created a distraction with firing in air and manhandling the police, just one example from many reported in media.

In the case of lawmakers' suspension, the reason for their non-compliance may not necessarily be related to their wish to hide their assets. It is just habitual disregard of rules knowing they will always be shown leniency and provided chances to set the matter straight. It should be a source of great embarrassment for the ruling PPP that a score of its ministers, including those of interior, defence, petroleum, commerce, and finance and revenue are among the ones guilty of violating the regulations.

This defiant attitude of entitlement and impunity is the core problem which needs to be addressed. In this, the ECP needs to implement the regulations more strictly. The ECP unofficially allows the legislators to submit the accounts of their assets till October 15 -- two weeks past the deadline. By doing so, the commission violates its own rules and delays the notification of suspension, all for the sake of giving even more chances to legislators to submit their documents.

This practice promotes the culture of accommodating the powerful elite while disregarding the sanctity of law. The suspension appears mostly as a cosmetic decision, only to fulfil the obligation with much reluctance. The ECP must stop providing leniency to lawmakers. If those who we task to legislate on our behalf cannot respect the rules, they deserve no courtesy and must be held accountable to the strictest interpretation of the law.

Published in Business Recorder (30 October 2011).