The ruling Pakistan Muslim League – Nawaz (PML-N) is determined not to go down without a fight. Despite the decision of the apex court on the reserved seats verdict, the PML-N is adamant about having its say. Along with filing an appeal against the judgement restoring reserved seats to the Sunni Ittehad Council (SIC)—and through them to the Pakistan Tehreek-e-Insaf (PTI)—the government has drafted legislation to prevent any future interpretation of electoral rules that might allow such a move.
Law Minister Azam Nazeer Tarar presented the Election Act (Amendment) Bill 2024 in the National Assembly, proposing amendments to the election law. The bill suggests that a political party should not be allocated seats reserved for women and non-Muslim candidates if it fails to submit its list for the reserved seats within the prescribed time.
The bill’s scope is narrow and targeted; if passed into law, PTI will not be allocated the seats it so desperately seeks.
While the intent is clear, and the rejection of the Supreme Court’s interpretation explicit, Parliament ultimately holds the authority to legislate in any manner it sees fit. Similarly, the situation is not unique; in many jurisdictions around the world, legislative bodies have made and amended laws to clarify legal uncertainties following rulings by apex courts—often immediately after the judgement has been passed.
This raises two key questions: can the Supreme Court challenge this law as unconstitutional? And more importantly, can this law be applied retroactively to change the outcome?
While not unheard of, retroactive applications of law often encounter legal challenges. However, with the PML-N determined to see this through, we should not expect them to give these considerations much weight.