DI KHAN: As deadlock between the JUI-F and the government over the Societies Registration (Amendment) Bill 2024 persists, which deals with the registration of seminaries, party chief Maulana Fazlur Rehman has asked the ruling party to notify the disputed bill as it “has become an Act of parliament”.
“If a bill is not given assent within 10 days, doesn’t it automatically become an act,” the religio-political leader asked while addressing a press conference on Thursday.
The disputed madrassa bill, which has already been passed by both houses of parliament, has become a bone of contention between the Jamiat Ulema-e-Islam-F (JUI-F) and the government. Its enactment was part of an agreement between the government and the religio-political party for supporting the 26th Amendment, said Fazl.
Following its approval from parliament, the bill now requires the president’s assent to become law but President Asif Ali Zardari had returned the bill earlier this month, citing legal objections. According to the Constitution, the bill must be tabled before a joing sitting after the president refuses to sign.
Article 75 (2) of the Constitution of Pakistan states: “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 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, 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 give his assent within ten days, failing which such assent shall be deemed to have been given.”
The new bill amends the existing procedure for registration of madrassas with the education ministry, stating that the institutions should be affiliated with the industries ministry instead.
Addressing the presser today, Fazl asked whether the president can return a bill twice with objections. “Acting Senate Chairman returned the bill to president after signing on the first objection,” he said, claiming that the now bill is deemed as law.
He also cited the incident when former president Arif Alvi refused to sign a bill and the government still notified it after completion of 10 days. “We believe the act has been passed and a notification in this regard should be issued.”
The JUI-F chief also vowed to move court if the government was unwilling to pass the ball, asking why the ruling parties did not object to the bill when it was tabled in the parliament.
Fazl also lambasted the government and the institutions for their “non-serious attitude” towards significant issues, saying that they were “ridiculing” the Constitution, law and his party.
He pointed out that the draft was chalked out by the Ministry of Law — which he said JUI-F accepted despite reservation, asking what “scope of objection” President Zardari has on this legislation.
Referring to the recently-held Ulema conference, he told the religious scholars that those who “incited you are the ones responsible for the madrassa bill issue”.
He further said that the agreement, reached between the government and the JUI-F, states that bank accounts of all madrassas should be opened. “Tell us, has the account of any seminary of the Wifaq Ul Madaris opened?”
Earlier this week, the Conference on Madrassa Registration and Reforms passed a resolution urging the government to maintain the existing system of religious schools and the directorate should not be abolished under any circumstances.
The resolution, which was adopted by the conference, also demanded that the seminaries should remain associated with the Ministry of Education.
The bill
The much-discussed legislation is an amended version of the Societies Registration Act, 1860, which emphasised the registration of madrassas (Islamic seminaries) in existence “within six months” from its enactment.
It also stated that a Deeni Madrassa established after the commencement of the Societies Registration (Amendment) Act, 2024, shall get itself registered “within one year of its establishment”.
A seminary having more than one campus shall need only one registration, it read.
Subsequently, each madrassa would be bound to submit its annual report of its educational activities and audit report to a registrar.
Under the law, a Deeni Madrassa was defined as a religious institution established or operated primarily to impart religious education, which provides boarding and lodging facilities.