What will be the future of Election Act Amendment?

After the general elections 2024, there is a fear of a constitutional crisis due to the issue of distribution of specific seats.

This is due to the Supreme Court’s July 12 judgment, which ordered the Election Commission to provide reserved seats to the PTI and allow members of the Sunni Ittehad Council to join the PTI.

The government filed a review appeal against the decision of the Supreme Court, but the hearing could not be heard yet, so the ruling coalition passed an amendment in the Election Act through the Parliament that three days are reserved for party affiliation, which will be followed.

Pakistan Tehreek-e-Insaaf has again approached the Supreme Court against this government amendment in the Election Act.

According to PTI leader Salman Akram, “We have challenged the Parliament’s amendment in the Election Act under Article 184/3 on behalf of Barrister Gohar Khan in the Supreme Court.”

Regarding the amendment of the Election Act, President Supreme Court Bar Shehzad Shaukat is of the opinion that ‘under the constitution, just as the parliament has the right to amend the constitution, the Supreme Court has the authority to hear such amendments that are in conflict with the constitution.’

While talking to Independent Urdu about this amendment, analyst Wajahat Masood said that ‘with the ongoing political instability in the country due to the dispute over the allotment of specific seats, there is also the fear of a constitutional crisis.’

However, the PML-G is calling the parliamentary amendments constitutional and the Tehreek-e-Insaf unconstitutional, but the Supreme Court has to take the final decision.

What will be the future of amendments in the Election Act?

President of the Supreme Court Bar Shehzad Shaukat while talking to Independent Urdu said that the Constitution gives the Parliament the power to amend any constitutional provision.

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He further said that the recent amendments made by the Parliament in the Election Act are apparently in accordance with the Constitution, but PTI has challenged this move in the Supreme Court, so now it will be seen how the Supreme Court will deal with this petition. But listens.

Regarding the petitions filed in the Supreme Court, Shahz Shaukat was of the opinion that ‘right now, after the approval, a bench will be formed and then a hearing will be held on it. It is possible that the court will review the constitution and order the implementation of the same decision keeping in mind the decision regarding the specific seats. It is also possible that the decision will be changed on the appeals of the review of the decision of July 12 by the government and the Election Commission. Be done and PTI cannot get reserved seats.’

He said that this has become a serious and complex case in which the constitution is being resorted to by both sides. It is to be seen how the camel crouches and what the final decision of the court is.

Tehreek-e-Insaf leader Umar Ayub said in a conversation with journalists in Lahore that ‘Parliament has passed the amendment of the Election Act, it is an unconstitutional measure and it has been challenged in the Supreme Court, apart from this, it will be challenged in every forum.’

The leader of the opposition in the National Assembly Umar Ayub was of the opinion that this has been done only to block the way of PTI. The government is not even following the decision of the Supreme Court. This matter will also be raised before the court.

Law Minister Azam Tarar said in his statement that this legislation is in accordance with the spirit of the Constitution.

The federal law minister said in a statement that ‘PTI members who have participated in the election as an independent have submitted a formal affidavit of joining the Sunni Unity Council.’

The reason for Tehreek-e-Insaaf’s opposition to these amendments is the wording of the bill that ‘Affidavit of affiliation to a political party cannot be changed.’

That is, the member of the National Assembly who has submitted the affidavit of joining any party or maintaining independent status cannot be changed.

Apart from this, there is also a hearing on the review appeals against the decision of the 13-member full court of the Supreme Court pronounced on July 12, in which eight judges gave the decision while two judges have written a dissenting note.

When will the amendment of the Election Act be applied?

The reserved seats are determined by the Election Commission of Pakistan under a formula mentioned in Chapter No. 6 of the Election Rules 2017.

The amended Act will apply as per the 2017 Election Rules, however the amendments of 2023 are also applicable and include those made now.

Law expert Mian Dawood while talking to Independent Urdu said that the government has registered the amendments in the Election Act to be applied from 2017, so PTI members will not be able to join after that. This law is automatically applied until the amendment is declared null and void by the Supreme Court.’

How complicated is the issue of reserved seats?

In the light of the Supreme Court’s decision, PTI members have not been allotted specific seats despite submitting the list to the Election Commission.

Analyst Wajahat Masood while talking to Independent Urdu said that this matter is not only about giving or not giving specific seats but it is being done to block the way of legislation to increase the term of the Chief Justice.

The judgment given by the eight judges of the Supreme Court on July 12 and two judges also wrote dissenting notes which raised questions are very important. As in the constitution, as soon as the members win the election, the period of joining any party is fixed, then the affidavits of joining the Sunni Union Council are submitted. Now, if they submit an affidavit to join another party again, the law of floor crossing will apply to them. ‘

According to Wajahat Masood, “Parliament has the constitutional power to amend the Election Act, which is consistent with the Constitution.” In this situation, how can the Supreme Court declare the parliamentary constitutional amendments illegal on the petition of PTI. The situation that is developing suggests that this matter is moving towards a constitutional crisis.

He further said, ‘In my personal opinion, this dispute is an attempt of the government to influence the two-thirds majority in the House. So that the government judicial reforms in which the term of the Chief Justice can be extended cannot happen. So the difficulties will increase in the coming days. However, this is not the time to increase the problems, but to improve the economic situation, it requires the role of every institution.

According to Supreme Court Bar President Shehzad Shaukat, ‘PTI has filed a petition in the Supreme Court under Article 184/3 of the Constitution, in which the Election Amendment Act has been requested to be annulled. On the other hand, the Supreme Court also has the power to invalidate any amendment if it conflicts with the Constitution.