SC questions unbridled powers of political parties' chiefs

ISLAMABAD After a debate over much objectionable Article 175-A, Supreme Court, Thursday, expressed concerns over reserved seats and the powers of parties heads under Article 63-A. The court observed that instead of giving power to one person, it should be vested with the party. The court told the Attorney General that he had to make clear whether the proportionate system for reserved seats of women and non-Muslims (which was though in conformity with the political order) was in accordance with the constitution or not. The 17-member larger bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing identical petitions challenging certain provisions of the 18th Amendment with particular reference to the formation of a judicial commission for appointment of judges of superior courts. Justice Shakirullah Jan said, Instead of giving power to one person it should be vested with the party. He said in India the party or the person designated by the party was authorised to take action against its party members in the assembly. But in Pakistan the party head who himself is not eligible to become the member of Parliament can send reference against its own MNAs for not obeying his or her orders. Attorney General Maulvi Anwarul Haq replied whosoever the party nominated as head would be the head of political party. On this Justice Jawwad S Khawaja remarked, The MNAs who take oath to protect, preserve and defend the Constitution work only for the pleasure of one man. He said that the Constitution was a trust that not only belonged to the Parliament but all the organs of the state, especially the people of Pakistan. Justice Khalil-ur-Rehman Ramday said in Pakistan laws and rules were framed for the personal benefit of the rulers, but not for the advantage of masses. Justice Tassadque Hussain Jillani remarked that in Article 63 the term parliamentary leader had not been defined, while the speaker Punjab Assembly had given ruling in that regard. He said, You are giving power to undefined authority. The attorney general said that the word party leader was used in the Political Parties Act if not in the Constitution. Justice Asif Khosa said there was need to know why Article 63-A was inserted in the Constitution. The military ruler took over and the MNAs changed their loyalties overnight, he observed. The AG replied that a large number of people contested election on the ticket of a certain party but later, joined different blocs or other parties in power. He said, Even now the party head cant act on his own but he will have to send the reference to the Election Commission for defection and finally the matter would be decided by the court of law. Justice Khosa remarked that elections are held to become the members of the Parliament but no such process is followed to be the head of the party. Justice Ramday questioned whether in other counties of the world too, seats were reserved for women and minorities. Justice Jawwad said that in India a bill related to reserved seats for women was not passed by the Parliament. Justice Ahmed Zaheer Jamali said the symbols in the general elections are used so that the illiterate voters should know to which candidate they were giving vote. The hearing has been adjourned till Monday.