It is very unfortunate that in a parliamentary system the nation assembly Coram is not complete due to not allotting reserved seats to PTI. Despite the passage of many months no decision has been taken regarding the reserved seats of Tehreek-e-Insaaf in the Parliament due to which the parliamentary system is getting weaker.
It may be recalled that last month the ECP had approached the Supreme Court for clarification regarding the Tehreek-e-Insaf’s specific seats which resulted in a strong reprimand from the court on September 14 in which it accused the ECP of it is trying to create confusion and obstruct the implementation of his decision. The court’s message was clear that its decision is final and binding and there should be no room for further debate but despite this, the ECP and the government have continued to drag their feet.
The government has cited the passage of the Election (Second Amendment) Act, 2024 as a reason for ignoring the court’s verdict. However, legal experts says that the amendment has no retrospective effect and cannot overturn the Supreme Court’s decision.
The government’s resistance to implementing the judgment is more a matter of political maneuvering than genuine legal uncertainty.
Observers believe that the government’s reluctance stems from its desire to retain reserved seats for itself rather than give those to PTI. In the government’s view the court’s decision would have provided extraordinary relief to the PTI, especially since the former ruling party was not even the original petitioner in the case but this argument is unbelievable to those who believe in the sanctity of judicial decisions.
The Supreme Court’s detailed judgment was clear and yet the ECP’s failure to act raises serious questions about the rule of law in the country. In response to the ongoing impasse the Supreme Court last week issued another clarification and confirmed that its order should be implemented. However the ECP has shown no signs of moving forward with regard to seat distribution. There is also the question of why the Supreme Court felt the need to issue a second clarification came out earlier and these amendments were to be tabled in Parliament.
The deadlock between the Judiciary, ECP and the government needs to be resolved and it needs to be resolved now. The more time is lost in this back-and-forth, the more the people’s trust in democratic institutions is lost. The Supreme Court has made its decision clear. The ECP and the government should respect this. If there are genuine legal concerns, they should be addressed through appropriate channels and not delayed further by delaying tactics or politicking. When judicial decisions are ignored or delayed for political reasons, it undermines the very foundations of democracy and the rule of law. Pakistan cannot afford its democratic process to be held hostage by more political and institutional infighting.
It is high time that the decision of the Supreme Court of Pakistan should be implemented and the issue resolved. If this problem is given longer then there is a possibility of weakening the parliamentary system. It is hoped that instead of issuing more political statements, the Election Commission of Pakistan, as a subordinate body will take its decisions in the light of the clarifications of the Supreme Court so that the parties who are successful in the elections can get their right. Then they can focus on solving the basic issues of the people in the remaining period. Now it has to be seen how long the government and the Election Commission of Pakistan implement the decisions of the Supreme Court of Pakistan. It should be noted that further delay may worsen the matters between the opposition and government another hand in Ecp and Supreme Court.
