A landmark decision with far-reaching implications

The recent landmark decision by the Supreme Court of Pakistan (SCP) has overturned the Election Commission of Pakistan’s (ECP) controversial distribution of reserved seats for women and religious minorities. This ruling, in favor of the Pakistan Tehreek-e-Insaf (PTI) and its political front, Sunni Ittehad Council, is poised to have significant implications for the composition of the National Assembly and provincial assemblies.
The verdict challenges the previous allocation of seats to the PML-N, PPP, MQM, and other parties, emphasizing constitutional adherence and reshaping the political landscape. This ruling is not just a constitutional matter but is expected to have far-reaching consequences for the composition of the parliament, its legislative powers, and the overall political stability of the country.
The case concerning the reserved seats for women and minorities was brought forward by the Sunni Ittehad Council after PTI, led by former Prime Minister Imran Khan, was not allocated seats proportional to the seats won by its backed candidates in the February 8 national elections. The Election Commission had previously denied these reserved seats to PTI, distributing them instead among other parties, including the ruling PML-N, PPP, MQM, as well as opposition parties JUI-F and ANP. However, the Supreme Court suspended the membership of these MPs pending the final decision by its full bench.
Following the Supreme Court’s decision that the reserved seats should be allocated to the PTI, the coalition government led by PM Shahbaz Sharif is now deprived of a two-thirds majority in the National Assembly. The SCP, with a majority ruling of 8 to 5, affirmed that every party must be given reserved seats proportional to its overall number of seats won in the National Assembly and provincial assemblies. This decision is significant as it disrupts the coalition government’s ability to enact sweeping constitutional and legal changes, which aimed at reducing fundamental rights, particularly freedom of expression, and increasing the powers of state institutions.
The coalition government, which had intended to secure a two-thirds majority to strengthen its hold over the state, now faces a significant setback. Despite PTI-backed candidates winning nearly two-thirds of the seats according to Form 45 (the initial polling station results), the final results issued by the Election Commission (Form 47) did not reflect this majority. The PTI has been contesting these results in court, demanding an independent judicial commission to investigate alleged electoral fraud in the February 8 national elections. However, the coalition government has resisted these demands.
Despite these challenges, the PTI emerged as the single largest party in the National Assembly and the Punjab and Khyber Pakhtunkhwa (KP) assemblies. However, since it was barred from contesting the elections as a political party, it supported independent candidates who later joined forces under the Sunni Ittehad Council, essentially a rebranded PTI. Many of these independents who initially won with PTI’s support defected to the PML-N. With the changes in electoral results and defections from the PTI, the PML-N became the single largest party and, along with the PPP and MQM, secured a simple majority to form the government.
However, as the PTI was not recognized as a political party, its supported MPs who joined the Sunni Ittehad Council and formed a single parliamentary group were not allocated reserved seats proportional to their present strength. Instead, the Election Commission of Pakistan (ECP) distributed these reserved seats among the PML-N, PPP, MQM, JUI-F, and ANP without legal grounds, granting the PML-N-PPP-MQM coalition a two-thirds majority in the National Assembly.
The Supreme Court’s decision overturned this distribution, stating that the ECP violated the Constitution by not allocating the reserved seats to the PTI and distributing them elsewhere. Implementing this decision will deprive the coalition government of its two-thirds majority, thwarting its plans to maintain a stronghold over the state. Moreover, the ruling has raised serious concerns about the legitimacy and transparency of the February 8 elections, the ECP’s role, and the constitutionality of the present coalition government.
Many scholars believe that the PML-N and PPP, traditionally vehement opponents, have joined forces to exclude the PTI and consolidate their control over the state and its institutions. Historically, the PML-N and PPP governments were dismissed in the 80s and 90s due to widespread corruption and misuse of power, which caused significant damage to the country. After repeated oustings, they signed the Charter of Democracy, ostensibly to support democratic principles but primarily to secure state power and its associated perks.
The current coalition’s dominance, they argue, is driven by vested interests rather than genuine democratic values, leading to the state’s ongoing social, economic, and political crises. The potential allocation of 20 plus reserved seats to the PTI in the National Assembly would strengthen the party but likely exacerbate the political crisis in the country.
The Supreme Court’s decision to allocate reserved seats to the PTI, as opposed to the previous distribution, marks a pivotal moment in Pakistan’s political history. By depriving the ruling coalition of its two-thirds majority, the court has not only questioned the legitimacy of the February 8 elections and the role of the ECP but also impacted the coalition’s ability to enact sweeping legislative changes. This decision underscores a broader struggle over political power and constitutional integrity, with the potential to both strengthen PTI’s position in parliament and further complicate Pakistan’s already turbulent political climate.