Supreme Court Of Pakistan

Supreme Court Of Pakistan has ruled that the act of Prime Minister Of Pakistan to disolve the Parliament was incompatible with the Constitution and Law of Pakistan.

Government spokes person said that the only solution is the new election in Pakistan. Opposition members in Parliament are determined to bring no-confidence movement against Prime Minister Pakistan -Imran Khan, and to take power back from him.

Prime Minister has previously disolved the Parliament because he was of the opinion that this No-Confidence Movement against him was a sign of conspiracy against him, and he disolved the Parliament so that the movement could not be passed against him.

Supreme Court has declared the action of Prime Minister against the law and constitution of Pakistan, and thus restored the Parliament.

Despite of the Supreme Court Order, Fawad Chaudhary -Former Minister is still of opinion that the election should be held by Election Commission.

Election Commission believes that holding new elections within 90 days will not be possible.

The question is that” will the decision of Supremem Court be considered in the best interest of Pakistan by the political parties, who have different interests and opinion about formation of new co-alition?”

What will happen next?

The seems to be escalating further and it is unclear that what will be role of President Of Pakistan in this process under Article 58 of the Constitution which has been restricted by the Supreme Court? What will happen in the Parliament where on one hand the Government seems to have lost its majority, and on the other hand, the opposition coalition has different interests and conflict between them? What will be the role of Imran Khan -Prime Minister Of Pakistan after winnig or losing this Motion about his election of premiership? Will he accept the Court’s ruling peacefully or will he bring the Public on roads in his favour to demonstrate his powers?

Constitution of Pakistan

Constitution of Pakistan has the supremacy on all institutions, however interpretation and execution conflicts may be resolved by Supremem Judiciary.

Supreme Court Of Pakistan

Supreme Court has mentioned in its order at paragraph 6, that

it is declared that all actions, acts or proceedings initiated, done or taken by
reason of, or to give effect to, the aforementioned Order of the
President and/or for purposes of holding a General Election to
elect a new Assembly, including but not limited to the
appointment of a care-taker Prime Minister and Cabinet are of
no legal effect and are hereby quashed.

It appears from this paragraph that the previous order of the President Of Pakistan has been demolished or quashed to elect a new assembly, or to hold general elections at this stage. In its judgement, Supreme Court has also set aside the Order issued by President Of Pakistan, to disolve the assemebly and declares it against the Constitution of Pakistan. The Speaker Of the Assembly is ordered not to end the session of Parliament unless thier party loses the majority in No-Confidence Motion. On the other hand, if Prime Minister wins the majority and is elected under Article 91 of the constitution, the Speaker can end the session and Imran Khan will remain Prime Minister Of Pakistan.

Attorney General Of Pakistan

Attorney General has assured the Court that the Government will not interfere with any member of National Assembly and therefore fair and partial voting can take place. This will extend to not only passing the motion but also in relation to the election of Prime Minister Imran Khan.

Prime Minister Of Pakistan

Prime Minister Of Pakistan has also been restored to its role and he is the current Prime Minister Of Pakistan, along with his cabinet.

Contempt Of Court?

If any person including Prime Minister Of Pakistan disobeys the Court Order, could be arrested for committing contempt of Court. One of the options in the best interest of country could be that Prime Minister welcome the decision of democracy and does not interfere into the Parliamentary proceedings. It could be the situation where the Prime Minister loses majority in NO-Confidence Motion against him and in this situation he may choose to remain in Parliament as a leader of opposition.

However, this is only my personal analysis and it remains to be seen as to what would be the next policy or decision of Prime Minister of Pakistan. Whether he agrees to the decision of Parliament or still insists for a new election to be held?

Defection of Assembly Members under Article 63 A

However, any members who will vote against their Party’s policy can be defected by thier political party, which means that if members of PTI party become part of any conspiracy, or suspected conspiracy and vote against Prime Minister they can be defected and the Court order has not affected such defection process under Article 63A of the Constitution of Pakistan.

Holding Elections and the Economy Of Pakistan

Due to many external and internal challenges, it will be the best strategy to complete the tenure of 5 years of this Parliament. Holding an earlier elections will not only weaken the country’s economy but bring uncertainty and chaos in Country.

Public is already suffering with poverty, unemployment, and business disruption due to not having the strong national policy for the country’s economy. Any further public meetings and gathering on roads will weaken the country internally and will not be able to hold its strong identity internationally.

President Of Pakistan Role

The Court order has the effect not only upon Prime Minister and Speaker of the House but also upon the President Of Pakistan which means no interference will be permitted by all of the three stakeholders to effect Constitution of Pakistan except Article 58, which has been restricted by this Order of Supreme Court OF Pakistan.