Abdul Rauf Dhiman

"𝐏𝐨𝐥𝐢𝐭𝐢𝐜𝐚𝐥 𝐈𝐧𝐬𝐭𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐢𝐧 𝐏𝐚𝐤𝐢𝐬𝐭𝐚𝐧: 𝐀 𝐃𝐞𝐞𝐩𝐞𝐧𝐢𝐧𝐠 𝐂𝐫𝐢𝐬𝐢𝐬"

In a recent landmark judgment, the Supreme Court of Pakistan (SCP) ruled by a narrow margin of 8 to 5 on a contentious issue involving the reserved seats of Pakistan Tehreek-e-Insaf (PTI), which had been previously denied by the Election Commission of Pakistan (ECP) and Peshawar High Court (PHC).

The SCP's decision nullified and declared unconstitutional the ECP’s order dated March 1, 2024, which had denied reserved seats to the Sunni Ittehad Council (SIC), backed by PTI. The ECP had justified its decision on the grounds that SIC neither participated in the general elections as a party nor submitted a list of candidates for reserved seats for women and non-Muslims violating the mandatory provision of law. Whereas, the ECP exceeded its authority by allocating the vacant reserved seats to other parliamentary parties, a clear violation of the law.

Furthermore, the SCP declared that “the lack or denial of an election symbol does not in any manner affect the constitutional and legal rights of a political party to participate in an election and to field candidates” and that “Pakistan Tehreek e Insaf (‘PTI’) was and is a political party.” The Supreme Court thus declared this contrary to Section 104 of the Elections Act, 2017, and the proviso of Rule 94 of Election Rules 2017. The SCP rightly declared that a political party’s legal rights and its existence as a political party are not affected, but according to the law, a party without a symbol cannot participate in elections nor can it form a parliamentary party. So, the SCP has rewritten the Election Act and Rules 2017 encroaching on the role of the legislature.

PTI’s decision to join hands with SIC has led to these technical legal issues, as SIC did not contest the elections as a party, did not win any general seats in the National Assembly, and its chairman contested the last general elections as an independent candidate and was elected as such.

The fallout from this decision has been swift and severe, highlighting deep divisions within the country’s power structures. The federal government's response to the SCP’s ruling has been drastic and controversial. In what many view as a retaliatory move, the government has proposed to ban PTI, Pakistan’s largest political party, on grounds that are vague and politically motivated. This move has sparked widespread concern and debate about the integrity of democratic processes in Pakistan.

The SCP’s decision and the federal government’s subsequent actions have laid bare the fraught power dynamics at the highest levels of the judiciary and the executive. The apparent rift between these two pillars of governance is not only unprecedented but also poses a significant threat to the nation’s political and economic stability.

The consequences of this political turmoil are profound. The ongoing discord between the judiciary and the federal government is likely to worsen political instability, creating a volatile environment that could have far-reaching consequences for Pakistan’s future. Such instability undermines investor confidence, disrupts economic growth, and hampers effective governance, ultimately harming the nation’s socio-economic fabric.

As Pakistanis, it is imperative that we recognize the detrimental impact of continuous political drama on our democracy and economy. For the sake of a stronger democracy and a brighter future, it is crucial that all political actors and institutions work towards stability rather than perpetuating conflict.

The public and political leaders must come to a collective understanding that sustained political instability is a corrosive force, far more damaging to our economy than any external challenge. The way forward lies in upholding democratic norms, including the completion of the full term of elected governments. The opposition should prioritize national interest over partisan gains and support the government in addressing the pressing issues facing the country.

In conclusion, Pakistan stands at a crossroads. The current political crisis serves as a stark reminder of the need for unity and stability. By fostering a collaborative and supportive political environment, we can pave the way for a prosperous and democratic Pakistan, where governance is driven by the collective will of the people rather than the whims of power struggles.

—Abdul Rauf Dhiman, Chief Operating Officer, Youth General Assembly

Picture source: Business Standard