The Supreme Court of Pakistan (SC) on Saturday released a 10-page written verdict of the case pertaining to the general elections in the country.
The verdict, written by Chief Justice of Pakistan Justice Qazi Faez Isa, emphasized the importance of upholding the Constitution and respecting the defined boundaries of each institution. The ruling underscored that adherence to the Constitution is not merely a choice, but an absolute responsibility, and any breach of the constitutional limits by one institution into the domain of another would bear severe consequences.
The judgement specifically addressed a dispute that had arisen between the president and the Election Commission of Pakistan, which was subsequently brought before the Supreme Court. In its ruling, the apex court clarified that it had not intruded into the affairs of either the President or the Election Commission of Pakistan (ECP).
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The top court, recognising the widespread concerns and apprehensions throughout the country regarding the date for the elections, underscored the vital principle that it cannot wield powers beyond its constitutional mandate. In its ruling, the court emphasized the limitations imposed by the Constitution, reiterating its commitment to operate within the confines of its authority.
The decision reflected the court’s role in aiding the president and the commission in arriving at a consensus regarding the election date. The ruling conveyed that as the magnitude of one’s constitutional position increases, so does the corresponding responsibility. Furthermore, the judgement pointed out that the president, chief election commissioner, and all members of these institutions are bound by the oaths taken under the Constitution.
The verdict further stated that with the Constitution having been in place for 50 years, there is no room for excuses regarding its comprehension and application. The court underscored that every responsible entity and individual should be well-versed in the Constitution, as it forms the bedrock of the nation's legal and governance framework. The decision also commemorated a significant historical event that took place 15 years ago, on November 3.
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The judgement underscored the need to draw vital lessons from the dark chapters in history when the Constitution was subverted, emphasising that such actions have far-reaching negative consequences for both the people and the territorial integrity of the country.
The decision clearly articulates that it is imperative for the courts to avoid unnecessary entanglement in such disputes and refrain from expending time on them. The recent past has witnessed a similar scenario when the president dissolved the assembly while a vote of no-confidence against the prime minister was in progress.
The verdict made it unequivocal that dissolving the assembly in the case of a vote of no-confidence is not permissible, leading to the matter being brought before the Supreme Court for resolution. The judgement underscores the shared responsibility of upholding the Constitution, which applies to all, including the president and the electoral watchdog.
The CJP also expressed in the written judgement that the president’s act of dissolving the National Assembly on April 3, 2022 was unconstitutional. Following the assembly's dissolution, it was incumbent upon the president to announce an election date within 90 days.
In the written judgement at that time, Justice Mazhar Alam pointed out that unconstitutional actions could potentially invoke Article 6. However, the judgement wisely left the resolution of such matters in the hands of parliament.
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The apex court has unequivocally asserted that every constitutional institution bears the responsibility of upholding the Constitution. It is now a critical juncture for all institutions to exhibit prudence, recognising the people's right to hold elections. The court takes pride in ensuring the sanctity of the election process.
In accordance with the written judgement, there is consensus among all political parties on the fixed election date of February 8. Following negotiations with the president, the official notification for the National and provincial assembly elections, scheduled for February 8, has been duly issued.
Furthermore, the decision highlights that, as per the inputs provided by the advocates general, no provincial government has raised any objections regarding the election date. Both federal and provincial governments are urged to collaborate and ensure a seamless and unobstructed electoral process on February 8.
