PROFILE  SABIR JAFFERY
 COLUMN  FOR THE RECORD
 POLITICS & POLICY  FIXATION OF QUALIFICATION FOR TECHNOCRAT
 IT  SITE @ SCHOOL: IT AT GRASS ROOTS
 ENVIRONMENT   1. NEED OF TREES ON FARMS
 2.  DETHRONING KING COAL TRY SEQUESTRATION

 

FIXATION OF QUALIFICATION FOR TECHNOCRAT

 

Some suggestions

By SAEED UR RAHMAN, FCA
July 29 - Aug 04, 2002 

 

 

In the recently circulated proposed constitutional amendments changes have also been proposed in the qualification criteria for the technocrats in the senate beside introduction of reserved seats for technocrats in the National & Provincial Assemblies.

In case of National Assembly 25 new seats added for technocrat. The province wise break up is as follows:

Balochistan

01

NWFP

03

Punjab

15

Sindh

06

Total

25

In case of Provincial Assemblies 53 seats have been added for technocrats. The break up for each provincial assembly seats is as follows:

Balochistan

05

NWFP

09

Punjab

27

Sindh

12

Total

53

In case of senate four persons will be elected as technocrat from each province. Thus a total of 88 new seats are being introduced for technocrats in the National Assembly and four provincial assemblies.

QUALIFICATIONS OF TECHNOCRAT

A new clause (2) has been introduced in Article 62 containing the proposed definition of Technocrat for the purpose of filling seats reserved for the technocrats in the Parliament (The Senate & The National Assembly) and Provincial Assemblies. The comparison of the old and new definitions is giving hereunder.

EXISTING DEFINITION

"Technocrat" means a person of nationally internationally recognised professional competence with at least 15 years experience and expertise who has been practicing in his specialization by adopting it as his principal calling, vocation or employment or has been at a high level for administering or managing an operational or policy making unit.

PROPOSED DEFINITION

A person shall not be qualified or chosen against a seat in the Majlis-e-shoora (Parliament) reserved for Technocrat unless he is the holder of degree requiring conclusion of at least 16 years of education, recognized by the University Grants Commission or a recognized statutory body, as well as at least 20 years of experience including a record of achievements at the national or international level.

The two reasons given for the proposed amendments/introductions are the following:

a) The proposed definition does not allow technocrats who lack the educational qualifications and possess only the requisite experience.

b) The proposed definition aims at an inclusive but precise formulation that admits highly educated persons with experience who have demonstrated their merits.

A critical analysis of the new propose amendments reflects the desire of the authors to bring in high grade professionals in the assembly but fails to achieve the desired objectives. While the basic qualification has been fixed at 16 yeas of university education and twenty years of post qualification experience the concept of professional qualification has been totally ignored. Thus high grade professional such as doctorates in various discipline, Bar at Laws and LLM, Chartered Accountants and Cost and Management Accountants and even Medical Specialist would be unable to compete with generalist.

According to Article 193(2) A person shall not be appointed a judge of a High Court unless he is a citizen of Pakistan, is not less than forty years of age, and

a) he has for a period of, or for periods aggregating, not less than ten years been an advocate of a High Court (including a High Court which existed in Pakistan at any time before the commencing day);

In view of the fat where constitution of the Islamic Republic of Pakistan lays down a period of ten years as advocate of the High Court for elevation to the bench and appointment as a judge of the High Court, to lay down a period of 20 years post qualification experience for a technocrat would offend the existing provision. It will be unfair to assume that technocrat members of the Provincial Assemblies, National Assemblies and Senate stand at higher pedestal than the judge of a High Court. Therefore provision of a longer post qualification experience cannot be justified for them.

Academically qualified person like Phd's and Professionals like Chartered Accountant in any event has a long period f academic training than 16 years may be 20 years plus, therefore in their case to require experience of further period of 20 years may be unjust & unreasonable.

Therefore keeping inline with the existing requirements for elevation to the bench of a High Court a period 10 years post qualification would be sufficient for election as a technocrat. Thus the following actions should be taken.

1) That the proposed amendment in the constitution should be reviewed and redefined.

2) That the induction of high level professional like Chartered Accountants, Bar at Laws, Phd of various specialities be made easy.

3) That the post qualification experience must be reduced to ten years for the professionals to facilitate induction of fresh blood for rapid national growth and prosperity.

4) That the President of Pakistan, Chairman NRB, Chief Election Commissioner and Leaders of the National Parties should take interest in this matter for a positive revision.