The word ‘opposition’ is derived from the Latin word ‘oppositio’ which means to oppose. The opposition in a parliamentary system differentiates democracy from dictatorship. Only under a dictatorship does one party or group of parties wield all the power and patronage of the state. In a democracy, the opposition checks the enormous power of the government. The Leader of the Opposition enjoys the mandate to expose the government’s omissions and the measures taken contrary to public interest. The opposition leader, through constant scrutiny and criticism of government policy, makes it a more useful instrument of the government. The constant presence of a recognised opposition is an obstacle to despotism. The existence of an opposition party is a bulwark against the tyranny not only of a despot but also a tyrannical majority of political parties as being observed in Pakistan after the toppling of the PTI government in pursuance of a foreign agenda.
As part of the same agenda, a person who has completely failed to bear “true faith and allegiance to Pakistan” and dishonestly or faithlessly flouts the will of the people, has been appointed to a key post of public representation, in violation of the constitutional, judicial and legal provisions as well as international laws. The appointment of Raja Riaz Ahmad Khan was made vide notification, dated 20.05.2022, in violation of Articles 63-A of the Constitution of the Islamic Republic of Pakistan, 1973 (Constitution) and other relevant rules. As his appointment is illegal, any appointments made under his appointment are also illegal and unlawful. One of the best examples of their nexus is: the government and the illegally appointed leader of the Opposition were not serious about the appointment of the NAB Chairman. Surprisingly, Raja did not show any opposition or a cogent viewpoint concerning the hung decision of the NAB chief reappointment which was to play an incumbent and effective role in dispensing with the rampant corruption in the country. Rather he utterly gave in to the whims and wishes of the government to appoint a favourable/suitable officer as the Chairman, NAB. Accordingly, the eye-wash consultation is against the criteria of such consultation set forth by the Supreme Court in its judgement, reported as, PLD 2013 Supreme Court 568.
On 09.10.2011, the (then) President of Pakistan wrote a letter to the (then) Leader of the Opposition in the National Assembly of Pakistan proposing the name of Admiral (r) Fasih Bokhari for the post of NAB Chairman. The Supreme Court in its judgement, titled as, “PLD 2013 Supreme Court 568” passed in a constitutional petition challenging this appointment, declared, “Consultation with Leader of the Opposition in the National Assembly had to be effective, meaningful, purposive, consensus-oriented, leaving no room for complaint of arbitrariness or unfair play and to establish that a consultation was meaningful and purposive it should manifestly be shown that a serious, sincere and genuine effort was made towards evolving a consensus—First priority in any consultation had to be directed towards evolving a consensus between the consultees by mutual discussion of the merits and demerits of the concerned candidate—Consultation practically amounted to an effort made towards a meeting of minds.”
Therefore, the selection of the ‘Opposition Leader’ violates the above provisions as he is not playing the role of an opposition leader as defined in the judgement as well as several precedents set by the international and local laws. Highlighting the importance of the Opposition’s role in the parliament, Queensland Parliament Factsheet reveals, “The Opposition is the largest non-government party or coalition of parties in the Legislative Assembly.” It further says, “The Opposition’s main role is to question the government of the day and hold them accountable. Opportunities for scrutinising the policies and administration of the Government are provided in Question Time, the Address-in-Reply debate, Budget debates, debates on legislation, notices of motion, and No Confidence Motions.”
Similarly, the resignations presented by PTI lawmakers, on 11.04.2022, in the National Assembly were not accepted nor did the Election Commission of Pakistan (ECP) de-notify the same. Therefore, given the said stance, the declaration of Mr. Raja Riaz as “Opposition Leader” is patently against the rules. The Leader of the Opposition in the National Assembly or provincial assemblies should be a man of high integrity, impartiality, and virtue because of the following duties and rights: The opposition leader has a right to participate in framing the agenda of the meetings, and to exercise initiative in selecting the subjects of debate. He has a right to address in reply; focus public opinion against the ruling party’s policy, and ask certain questions to the ruling party. He is also given precedence in asking questions and in debate and has to push policies or political ideology of his political party in the National Assembly. It is thus necessary that the party in opposition or person belonging to such a political party must be prepared and willing to discharge the obligations, duties, and responsibilities attached to this office. In addition, his participation or work must reflect the ideology of the political party to which he belongs. However, Mr. Raja Riaz lacks all of the above-mentioned qualities and capabilities. Raja lacks integrity as he is one of those 20 members who had defected from the PTI, consequences for which have been provided in Article 63-A of the Constitution read with the recently passed judgment by the Supreme Court.
Article 63-A “(1)  If a member of a Parliamentary Party composed of a single political party in a House-(a) resigns from membership of his political party or joins another Parliamentary Party…he may be declared in writing by the Party Head to have defected from the political party…” This matter has been sub-judice before the Supreme Court vide Presidential Reference No. 1 of 2022 and the Constitution Petitions No 3 to 7 of 2022. Announced on the reference, the landmark judgement has effectively eradicated the malaise of defection and floor crossing that have immeasurably damaged and polluted the democratic process in the country for decades. Turncoats like Mr. Raja Riaz switch their political loyalties for all sorts of illegal and mala fide considerations including secret or open vote buying. Defection amounts to a clear breach of confidence reposed in a turncoat by the electorate.
Deciding the reference, the majority of the judges did not allow lawmakers to vote against the party line in four instances outlined under Article 63-A of the Constitution such as the election of prime minister and chief minister; a vote of confidence or no-confidence; a Constitution amendment bill; and a money bill. The judgement terms defections “one of the most pernicious ways” in which political parties could be destabilised. The verdict goes on to say, “Defections rightly stand condemned as cancer afflicting the body politic. They cannot be countenanced…”
By law, pertinent appointments under the Constitution and statutory laws require consultation with the Opposition Leader. And the consultation to be made with the Opposition needs to be “Meaningful” and there are a plethora of judgments passed by the superior courts on this subject. However, the current Opposition Leader has been appointed illegally, therefore, any appointments made in consultation with him are illegal as well. Also, his conduct proves the illegality of his appointment as he has repeatedly and blatantly stated before the media that he wished to participate in the upcoming elections as a candidate for Pakistan Muslim League (N). If his loyalties are already towards PMLN, how can he be elected as the opposition leader?
It is relevant to mention that in 2013, Maulana Abdul Wasey was appointed as the Leader of the Opposition, immediately after his having held the post of (senior) Minister in the Government of Balochistan and at a time when the Balochistan Provincial Assembly was about to complete its tenure. The purpose of his resignation was to capture the seat of the Leader of the Opposition. Balochistan High Court in its judgement, reported as, 2014 CLC 1778 declared the notification, dated 18-l.03.2013, whereby Maulana Abdul Wasey was notified to be the Leader of the Opposition by the Speaker “ultra vires the Constitution, of no legal effect and void ab initio”.
Meanwhile, the High Court had upheld notification, dated 18.12.2012, whereby petitioner Tariq Magsi was declared/notified as Leader of the Opposition. Particularly, the role of the Leader of the Opposition under Articles 224 and 224A of the Constitution is very pivotal and decisive for the establishment of a caretaker setup before general elections in the country. Article 224 of the Constitution deals with the time of elections and by-elections Article 224(1) reads: “A general election to the National Assembly or a Provincial Assembly shall be held within a period of sixty days immediately following the day on which the term of the Assembly is due to expire unless the Assembly has been sooner dissolved…”
Subsection 1A reads: “On dissolution of the Assembly on completion of its term, or in case it is dissolved under Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a caretaker Cabinet.” Under Article 224A, the caretaker prime minister is appointed after the Prime Minister and the Leader of the Opposition in the outgoing National Assembly agree on a person to be appointed. In case of disagreement, within three days of the dissolution of the National Assembly, both public representatives forward two nominees each to a committee to be immediately constituted.
Therefore, only a man of high integrity, impartiality, and virtue should be appointed as the Leader of the Opposition so that he can play a positive role in the establishment of an appropriate caretaker setup in the country. The leader of the opposition is constitutionally, legally, and morally required to gain public support by exposing defects, loopholes, and blunders of the government. However, both Raja Riaz and the PML-N coalition government have reached a treacherous nexus and have been working in connivance contrary to the public interest in this country after toppling the elected PTI government.