ISLAMABAD - The matter of forming a ‘judicial commission’, to probe alleged rigging charges in the 2013 general elections, through a Presidential Ordinance, landed in serious controversy as legal and constitutional experts have termed the move in contradiction with the constitution.

Perhaps it was the strong criticism from the legal fraternity that has forced the ruling Pakistan Muslim League (Nawaz) to re-examine the move to make it in complete harmony and conformity with the constitution and law of the land.

Sources in the government informed that the legal team of the government was busy examining the proposed draft ordinance to make it in agreement with the constitution and for that matter Advisor to PM Barrister Zafarullah and former federal minister Zahid Hamid, de facto law minister, had held a series of meetings and also met several times with Attorney General of Pakistan to have indirect input and tacit approval of superior judiciary on this tricky matter.

These sources said that as the legal and constitutional experts saw the formation of judicial commission through a Presidential Ordinance in the presence of Article 225 of the constitution illegal and unconstitutional, which would eventually be challenged in the court of law, so the govenrment’s legal team wanted to have tacit input of superior judiciary on the draft ordinance so that the legal loopholes in it could be plugged.

Commenting on the government’s move to form judicial commission through a Presidential Ordinance, legal and constitutional experts said that in the presence of Article 225 of the constitution no such commission could be formed and termed it against the very spirit of the constitution and law of the land.

Article 225 reads; “No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Majlis-e-Shoora (Parliament).”

Explaining his point Pakistan Muslim League (Quaid-i-Azam) Senator Kamil Ali Aga said that the government could get some law introduced in shape of Presidential Ordinance when both the house of the Parliament are not in session and the same should be in harmony with the spirit of constitution and it should be presented before the Parliament for formal legislation at the earliest. But here the case was altogether different. Because the government is waiting for prorogation of the sessions of both Senate and National Assembly to introduce an ordinance to form judicial commission and that too in conflict with Article 225 of the Constitution, he added.

He said that even in case the government manages to bring an ordinance for formation of judicial commission the same would surely be challenged in the court of law for being in conflict with the constitution.

A ruling party Parliamentarian and renowned legal and constitutional expert on condition of anonymity termed the whole exercise of forming judicial commission unconstitutional and against the spirit of the law.

He said that Presidential Ordinance could not override the constitution and if introduced the same would be challenged in the court of law and would eventually be struck down.

Former chairman Senate and renowned jurist Wasim Sajjad said that he could comment on the matter when the Presidential Ordinance to form a judicial commission would be introduced. However, adding that all laws and ordinances to be introduced should be in conformity with the spirit of constitution.