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Home Opinion & Editorial Editorial

Constitutional crisis

Editorial by Editorial
March 23, 2022

The Supreme Court of Pakistan has decided to hear the presidential reference regarding article 63-A of the constitution in a larger bench and observed that no-trust motion is a political issue. Political war should be fought in Parliament, no one can be prevented from voting. The court is playing the role of mediator in order to save the democratic system in the country.

In the presidential reference, it has been requested to the apex court to interpret article 63-A and article62-F of the constitution in order to prevent the selling and buying of votes. It has also been requested in the reference to call the votes of deviant MPs controversial and forbid these votes to be counted in the process of the no-trust motion till the court announces a decision on the reference.

During the initial hearing on the reference, Jamiat Ulema-e-Islam chief Maulana Fazlur Rehman, opposition leader Shahbaz Sharif and PPP chairman Bilawal Bhutto Zardari, as well as Balochistan National Party’s Akhtar Mengal were present in the court and argued that the National Assembly speaker has summoned the session of the assembly on March 25, while under the article 54 (3) of the constitution, a meeting must be convened within 14 days after the submission of requisition. They argued that the joint opposition has submitted the requisition on March 8 and it was mandatory for the speaker to summon the meeting before 22 March.

Chief Justice, Omar Ata Bandial remarked that Parliament is sovereign and it has a central status in parliamentary democracy. We cannot interfere in the proceedings of Parliament. All political forces should strengthen democracy by showing caution and responsibility. Resolve the issue with collective political wisdom, harmony, dignity, and with a mature ideology.

The opposition is urging action against the speaker Asad Qaisar for violating the constitution. Supreme Court Bar Association President Ahsan Bhoon has said that some people are trying to create a constitutional crisis in the country, while the judiciary wants to protect democracy.

Democracy in Pakistan has been destabilized by the undemocratic attitude of the political forces of the country, now once again it is being tried to derail the democratic system by making the institutions controversial and dragging the country into a difficult situation.

Off course, the speaker of the National Assembly is bound to abide by the constitution, but the opposition must also show a mature attitude and not make a big issue of the only three days delay in convening the NA session, as this delay also has a solid reason of holding of the OIC moot in the assembly hall, and it is not available for the NA session.  

It is the right of both the government and the opposition to try to succeed or thwart the no-trust motion, but efforts for this cause should be under the constitution. Any unconstitutional act of political forces will harm the democratic system and will drag the country into instability, which is not in the interest of anyone.

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