The opposition and government on Monday once more sparred over the issue of reserved seats for minorities and women, with Law Minister Azam Nazeer Tarar and Pakistan Tehreek-e-Insaf (PTI) Chairman Gohar Ali Khan voicing conflicting views on the detailed verdict issued by the Supreme Court.
“The detailed judgment didn’t interpret how the reserved seats will be allocated to the party as per the current regulations,” stressed Law Minister Azam Nazeer Tarar during a press conference, referring to the Elections (Second Amendment) Act, 2024. The recently amended law, enacted after the apex court issued its short order in the reserved seats case on July 12, had retroactively barred independent candidates from shifting political allegiances after a fixed period of time. This directly challenges aspects of the Supreme Court ruling, which had allowed lawmakers who had joined the Sunni Ittehad Council after their election to shift their allegiance to the PTI.
Tarar clarified that Articles 51 and 106 of the Constitution require all independents to either remain unaffiliated or join a political party within three days of their notification as returned candidates. He said the amendments to Sections 66 and 104(a) of the Elections Act had now also become law, making this process more explicit. In this context, he said, any lawmakers who had joined the SIC could not switch their allegiance to any other party at this stage. He also reiterated that Parliament was the sole forum with the authority to make or amend laws.
Referring to the Supreme Court’s authority to interpret the Constitution, the law minister said this should not be done in a way that “changes” its very structure. He also reiterated that the judgment had benefited a party—the PTI—that was neither party to the case, nor had sought any relief from the court. “It was never the case of MNAs that they belong to PTI,” he recalled, noting they had submitted affidavits of allegiance to the SIC.
“The case had only two points—whether SIC can get reserved seats or not?” he said, maintaining that the matter would be settled per law and Constitution.
By contrast, PTI Chairman Gohar reiterated his party’s demand for the Election Commission of Pakistan (ECP) to declare 41 PTI-backed MNAs as party members in line with the Supreme Court’s ruling. The ECP had earlier notified 39 MNAs as affiliated with the PTI owing to them submitting declarations prior to the elections. However, the matter of 41 MNAs remains pending, as they had not submitted any declarations. Under the amended Elections Act, however, even the allegiance of the 39 MNAs is in question, as many of them had also submitted allegiance to the SIC.
Stressing the reserved seats were the PTI’s right, Gohar said the ECP had “compromised” on its independent status. The detailed ruling, he stressed, had backed the PTI’s stance that the ECP could not deny its share in reserved seats. He also maintained that 40 of the 41 contested lawmakers had already submitted declarations and the ECP should validate the same.
In a separate posting on X, PTI spokesperson Raoof Hasan said the detailed verdict made clear the continuation of the chief election commissioner and four commissioners would be a “gross” travesty of Constitution and rule of law. Several other leaders also hinted at the launch of a “lawyers’ movement” if the ruling were not implemented.