LAHORE - Besides abrogation of the controversial amendments introduced in the Constitution during Musharraf rule, the proposed 18th constitutional amendment by the PML-N also provides for easing of qualification for membership of National Assembly, at the same time further tightening the relevant disqualification clause on ground of defection of a member from his parent party. The proposed amendments aim at amending and substituting articles 41, 58, 63, 63-A, 70, 71, 75, 91, 112, 130, 193, 213, 218, 224, 243, 260, 268 and sixth schedule of the Constitution to restore it to its October 12, 1999 position, besides suggesting some other amendments. Through a proposed amendment in Article 63 of the Constitution, which primarily deals with clauses regarding disqualification for membership of Parliament, the conditions for prospective candidates listed in clauses (h), (i) and (j) have been relaxed, while clauses (p), (q), (r) and (s) have been proposed to be totally deleted from the said Article. The existing clauses (h), (i) and (j) which are intended to be amended are here under: A person shall be disqualified from being elected or chosen as, and from being, a member of the Parliament, if- [(h) he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or (i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or (j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or] The above clause are desired to be substituted as under: (h) He has been, on conviction for any offence which in the opinion of the Chief Election Commissioner involves moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or (i) He has been dismissed form the service of Pakistan on the ground of misconduct, unless a period of five years has elapsed since his dismissal; or (j) He has been removed or compulsorily retired from the service of Pakistan on the ground of misconduct unless a period of three years has elapsed since his removal or compulsory retirement; or The clauses (p), (q) and (r), whose complete revocation has been suggested, are here under: A member shall be disqualified from being elected or chosen as, and from being, a member of the Parliament, if- [(p) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or (q) he has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or (r) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers [; or] [(s) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament)or of a Provincial Assembly under any law for the time being in force.] Through complete substitution of Article 63 A of the Constitution dealing with disqualification of a member on ground of defection, the decision of the disciplinary committee of the parliamentary party of the defected member has been made binding on the Election Commission. In present form of the said Article, the Election Commission may or may not declare a national assembly member disqualified if a reference is sent to it by the Speaker. The affected member has also been denied the right to appeal against a decision of the Election Commission against his disqualification. The proposed new clause: "The Presiding Officer of the House shall be intimated the decision by the Head of the Political Party in addition to intimation which shall also be sent to the concerned member. The Presiding Officer shall within two days transmit the decision to the Chief Election Commissioner. The Chief Election Commissioner shall give effect to such decision, within seven days from the date of the receipt of such intimation by declaring the seat vacant and announcing the schedule of the bye election". The proposed amendment seeks substitution of Article 70 of the Constitution, which relates to passing of Bills and subsequent assent of the President. Here, according to the new amendment, if a Bill transmitted to a House under clause (1) is rejected or is not passed within ninety days of its receipt or is passed with amendment, the Bill, at the request of the House in which it originated, shall be considered in a joint sitting instead of being referred to a mediation committee as per existing arrangement. Amendment of Article 75 of the Constitution: 2) When the President has returned a Bill to the Majlis-e-Shoora (Parliament), it shall be reconsidered by the Majlis-e-Shoora (Parliament) in joint sitting (addition), and, if it is again passed, with or without amendment, by the Majlis-e-Shoora (Parliament), by the votes of the majority of the members of both houses present and voting (addition), it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the President and the President shall not withhold assent therefrom. The clauses from 7 to 9 in Article 41 of the constitution shall be deleted, which had been added in the constitution through Legal Frame Work Order, 2002, and relate to the term of office of the chief executive and his subsequent elevation as president of Pakistan and his vote of confidence. These clauses have already become redundant as they were person specific. Substitution of Article 91 of the Constitution: In the Constitution, the Article 9 1(5) shall be substituted as under: "(5) The Prime Minister shall hold office, without any limit on the terms of office, till he commands the confidence of the majority of the members of the National Assembly" Existing clause: "The Prime Minister shall hold office during the pleasure of the President, but the President shall not exercise his powers under this clause unless he is satisfied that the Prime Minister does not command the confidence of majority of the members of the National Assembly, in which case he shall summon the National Assembly and require the Prime Minister to obtain a vote of confidence from the Assembly". Amendment of Article 101 of the Constitution: (1). In the Constitution, the Article 101(1) shall be substituted as under: "101. Appointment of Governor.-(1) There shall be a Governor for each Province, who shall be appointed by the President on the advice of the Prime Minister instead of "after consultation with the Prime Minister" Through a proposed amendment in Article 193 of the Constitution relating to conditions for appointment of high court judges, in Article 193 (2), the words, 'forty five' shall be substituted as, 'forty'. The amendment in Through amendment in Article -243.regarding appointment of services chiefs by the President, consultation of Prime Minister will not be required. Amendment in Sixth Schedule of the Constitution: In the Sixth Schedule, entries 25 to 35 shall be deleted. Through this amendment, prior consent of President will not be required to amend the following laws, which also include the controversial local government ordinance and the police order: 25.The State Bank of Pakistan Act, 1956 (XXXIII of 1956). 26.The National Accountability Bureau Ordinance, 1999 (XVIII of 1999). 27.The Balochistan Local Government Ordinance, 2001 (XVIII of 2001). 28.The North-West Frontier Province, Local Government Ordinance, 2001 (XIV of 2001). 29.The Punjab Local Government Ordinance, 2001 (XIII of 2001). 30.The Sindh Local Government Ordinance, 2001 (XXVII of 2001). 31.The Election Commission Order, 2002 (Chief Executive's Order No.l of 2002). 32.The Conduct of General Elections Order, 2002 (Chief Executive's Order No.7 of 2002). 33.The Political Parties Order, 2002 (Chief Executive's Order No.18 of 2002). 34.The Qualification to Hold Public Offices Order, 2002 (Chief Executive's Order No. 19 of 2002). 35.The Police Order, 2002 (Chief Executive's Order No.22 of 2002)