Submitted on the People’s resistance network, a clarification by Mr. Aitzaz Ahsan for publication in the newspapers tomorrow (25th Dec 2007) which shed light on how it is only possible to reverse Musharraf’s Constitutional Amendments – which according to him are beyond the scope of a simple 2/3rd parliamentary vote
December 24, 2007.
This is to clarify that Mr. Aitzaz Ahsan has wrongly been attributed a message to the Army Chief. In response to the Attorney General’s assertion that only a two thirds majority can rescind General Musharraf’s self-serving changes to the constitution, what Mr Ahsan said was that when an executive order is passed or promulgated by any executive authority, it can be rescinded or recalled by the same executive authority or its superior without the need for Parliament to intervene with a simple or two-thirds majority.
The issue is simple. The purported amendments in the Constitution have been factored in by a President exercising authority delegated by the COAS (what an anomaly: a subordinate delegating powers to his superior!). Even if these amendments be considered lawful (which they are not) they can be withdrawn by the executive order of the Defence Secretary, or the Defence Minister (any authority constitutionally superior to the COAS). Parliamentary intervention is not required.
That is the point.
Aitzaz Ahsan & Associates
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