On Tuesday, the amendment to the Election Act was passed with a significant majority in both houses of Parliament, as anticipated. This development follows the Pakistan Tehreek-e-Insaf (PTI) party’s indication of potentially challenging the matter once again in the Supreme Court. The apex court had previously nullified the Election Commission/Peshawar High Court’s decision, which allocated reserved seats for women and minorities based on non-PTI-affiliated members to other parliamentary parties, declaring that PTI, as a party, was legally entitled to these reserved seats. On July 12, 2024, a 13-member larger bench, divided between eight and five judges, ruled that PTI was legally and constitutionally entitled to the reserved seats. This decision hinted at a possible reshuffling of the Parliament and other assemblies. Due to delays in the detailed judgment, two dissenting judges, Justice Ameenuddin Khan and Justice Naeem Akhtar Afghan, issued a dissenting note on August 3, 2024, stating that relief had been granted to PTI, despite it not being a party in the case.
Government circles also maintained that the parliamentary supremacy argument supported the amendment, asserting that Parliament has the authority to create, amend, or repeal laws. The bill passed on Tuesday, following the rejection of opposition amendments in the National Assembly and later in the Senate, stipulates that candidates who do not submit party certificates before obtaining an electoral symbol will be considered independent. It also establishes that no political party will be entitled to reserved seats if it fails to submit a list within the designated time frame. Furthermore, expressing affiliation with a political party will be irrevocable within the stipulated period. As a result, the passage of the Election Act Amendment Bill 2024 on August 6 led to the reversal of PTI’s parliamentary victory achieved through the July 12 court ruling, turning it into a defeat within 25 days.
Consequently, the ruling coalition’s two-thirds majority remains intact, and the legal changes have obstructed the implementation of the July 12 judicial decision, clearing the way for the reinstatement of reserved seat members who had been suspended by court order. Regarding PTI’s potential appeal to the Supreme Court, it is important to clarify that this does not necessarily mean a direct confrontation between the judiciary and the executive. The question of whether the judiciary or Parliament holds supremacy is a recurring issue in democracies worldwide. The essence of democracy lies in raising questions, seeking answers, and finding practical solutions. While the enforcement power lies with the ruling authority or government, it is crucial to avoid confrontation and seek a secure path that provides hope and encouragement to a nation plagued by turmoil, disappointment, and instability.
#ElectionActAmendment, #PTI, #SupremeCourtChallenge, #ParliamentarySupremacy, #ReservedSeats, #ElectoralLaw, #JudicialDecisions, #PoliticalReform, #PakistanPolitics, #DemocraticProcess,
