ISLAMABAD, October 24 (IslamOnline) - Transfer of power from the military government to the newly elected parliament is likely to be delayed as major political and constitutional issues are still to be addressed even 15 days after holding general elections.

The power transfer is supposed to take place November 1, as promised by President General Pervez Musharraf. Now, experts believe, that may not be possible.

While politicians are deciding on the coalitions to form a government, a number of constitutional issues have also come up, adding to the already confused situation in the country.

The military government’s constitutional experts have unexpectedly raised the issues pertaining to the constitution of the Upper House of the Parliament, the Senate, new oath for the President and the revival of the amended constitution before a national assembly session could be summoned to deicide who would rule the country at the end of three-year-old military government.

All these issues, if not addressed properly, some constitutional experts believe could create a constitutional impasse. If all the above mentioned steps are to be taken before holding the session of the new National Assembly, it is likely to cause considerable delay in the power transfer, which again could lead to a political vacuum.

“There is no need for the Senate elections before the election of the Prime Minister as Senate has no role in the government formation,” commented Akram Sheikh, a renowned constitutional expert. He said the military government has floated this idea of Senate elections just to prolong its stay in power.

Law Minister in Musharraf’s cabinet, Dr. Khalid Ranjha had said earlier this week that the government may wait for the Senate elections to take place before summoning the National Assembly so that both houses of Parliament are properly in place at the time of power transfer.

Senate elections are due November 12 next month. Provincial Assemblies form the electoral collage for the Senate, which means that the Assemblies at the provincial level have to be summoned before the National Assembly. This is another issue pricking the minds of constitutional experts.

Then comes the issue of amendments to the constitutions made by the military government to incorporate all these changes in the old constitution before it is re-promulgated or before Parliament comes into being.

“The amendments made by the President are now part of the constitution. Now the Parliamentarians would have to take oath under this amended constitution,” Dr. Ranjha said.

“We will not do that. We will debate those amendments in the Parliament and then deice [the] fate of these,” Qazi Hussain Ahmed of MMAP has vowed.

Another constitutional issue is related to the President’s oath. General Musharraf took the oath as president two years ago under the Provisional Constitution Order and not the regular constitution which is to take effect with the new government.

“And if he does want to continue as the President in the new scenario when the constitution is revived, he would have to take oath afresh,” said Akram Sheikh said.

On top of all that, a Revival of Constitution Order is to be issued before any other step towards the government formation takes place. This step is also likely to be marred by controversies as the government is believed to be thinking of incorporating the constitutional amendments package into this Order to avoid a debate in Parliament to validate these amendments and give indemnity to the three years of military rule.

When all this confusion on the constitutional front is endangering the smooth transfer of power to the civilian government, the newly elected politicians are making all this more poignant by their inability to agree to the political structure of the new government.

The largest political party PML(Q) is hoping to get the biggest share in the government. The religious alliance MMAP is still indecisive as to what role it would adopt during the government formation: whether to sit on the opposition benches or to get its man elected as the Prime Minister. So far, it has not come out with something in-between these two options.