Apex court says only played role of a facilitator between President and ECP n Notes President unconstitutionally dissolved National Assembly but failed to use his power to give a date for elections n ECP issues notification to confirm elections across country on Feb 8.
A political crisis arose in the country after the no-confidence motion: SC
ISLAMABAD - The Election Commission of Pakistan (ECP) on Friday officially announced that the general elections for the National and four Provincial Assemblies will take place on February 8, 2024.
“In light of the Supreme Court’s orders from constitutional petitions numbered 32 and 36, of 2023 and after a subsequent meeting with the President of Pakistan, a notification has been issued here to confirm the date,” said the notification.
Earlier on Friday, the Supreme Court of Pakistan disposed of identical petitions as the final date for general elections had been agreed during a consultative meeting between the President and the Chief Election Commissioner.
The apex court, in its order, said that the issue of elections’ date had been resolved with the consent of all parties and the date of general elections had been agreed on February 8.
A three-member SC bench headed by Chief Justice of Pakistan Qazi Faez Isa and comprising Justice Amin Ud Din Khan and Justice Athar Minallah heard the petitions seeking holding of elections within 90 days of the assemblies’ dissolution.
The court, in its written order, said Pakistan Tehreek-e-Insaf lawyer Ali Zafar had given a reference of the President’s letter to the Chief Election Commissioner dated September 12. It also gives the reference of section 5 of Article 48 of the Constitution and section-57(1) of Election Act. The SC observed that the matter was supposed to be addressed between the President and the ECP, but it was brought to the apex court unnecessarily. The President could have approached the SC under Article 187 of the Constitution. The top court took up the matter as many identical petitions had been moved. The order said that the top court had not interfered into the affairs of constitutional institutions of President Office and ECP. Every institution was constitutionally bound, it added. It further stated that the SC only played the role of a facilitator between the President and the ECP. Both the institutions should remain in their respective constitutional limits however, being the highest constitutional position, the responsibility of the President was more. It further said, “We should not only start implementing the Constitution but also learn from the past. Every violation of the Constitution has serious effects not only on the people of Pakistan but also on the region.”
The SC said that the courts had also been getting involved in unnecessary matters. It added that in the recent past a prime minister was removed by a no-confidence motion. The Constitution was clear that a majority of the members of the assembly could pass a no-confidence motion. A political crisis arose in the country after the no-confidence motion, and the SC took notice of the political issue, it added. The order said the President dissolved the National Assembly after the no-confidence motion, which was an unconstitutional act.
After the motion of no-confidence, it added, the President could not dissolve the Assembly on the recommendation of the Prime Minister. The people couldn’t be kept away from the elected representatives. The constitutional institutions could make important decisions only in public interest, the order added. The court said, “It is hoped that all the constitutional institutions would show prudence in the future. Surprisingly, the President did not have the power to dissolve the Assembly, but he did, while he didn’t use his power to give a date for elections.”
On the query of the bench, advocate generals of all provinces said that they had also no objection regarding the election date. The chief justice remarked that the court was also bounding the provinces for elections.
Earlier, Attorney General for Pakistan Mansoor Usman Awan presented the document signed by the President with regard to the date of general elections. He said that the ECP had also issued a notification pertaining to the date of general polls. It was agreed to hold the polls across the country on February 8, he said. The AGP also read out the minutes of the President and the Chief Election Commissioner. Also the Supreme Court order stated that admittedly the National Assembly was dissolved on the advice of the Prime Minister on 9th May, 2023, whereafter the date of holding election was to be announced under Article 48(5) of the constitution and Section 57 of the Election Act, 2017. Apparently, the impasse took place between the President of Pakistan and the Election Commission of Pakistan (ECP) over appointing of date for holding elections.
The apex court said that the President’s letter and the stance taken by the ECP placed the Supreme Court in an awkward position as the constitution nor any law prescribed that the Supreme Court is empowered to determine any election date. The order said that this Court having highest regard for the President is surprised that the President has sought guidance in a matter with which neither the apex court nor any court have any concern. If the President needed the Supreme Court advice he could have sought it under Article 186 of the constitution.