Amidst the ongoing political turbulence in Pakistan, a pivotal Supreme Court ruling has dramatically altered the landscape. The 13-member bench declared the Pakistan Tehreek-e-Insaf (PTI) eligible for 77 reserved seats for minorities and women, overturning the Peshawar High Court’s previous decision. This landmark judgment not only reinstates the PTI as a significant political force but also addresses critical issues regarding democratic integrity and electoral fairness.

Previously, a Supreme Court bench, presided over by Chief Justice Qazi Faez Isa, had revoked the PTI’s iconic election symbol, the ‘bat.’ Consequently, PTI candidates entered the February 8 general elections as independents, utilizing a variety of electoral symbols. Despite this, they subsequently aligned with the Sunni Ittehad Council (SIC) to preserve their political identity and emerged as the largest party in the National Assembly. However, the Election Commission of Pakistan (ECP) allocated the reserved seats to Prime Minister Shehbaz Sharif’s ruling coalition. During the case hearings, Chief Justice Isa acknowledged that the ECP had misinterpreted the court’s prior order to strip the PTI of its election symbol, although he noted some technical objections regarding the party’s reserved seats.

Justice Mansoor Ali Shah, in a succinct order representing the eight to five majority verdict, clarified that the absence or removal of an election symbol does not infringe upon a political party’s constitutional and legal rights to participate in elections and nominate candidates. The ECP is constitutionally mandated to interpret and apply all statutory provisions accordingly. The ruling refuted the ECP’s stance, declaring that under Article 51 of the Constitution, the PTI remains a political party that secured general seats in the National and Provincial Assemblies during the general elections. The majority opinion, delivered by Justices Syed Mansoor Ali Shah, Munib Akhtar, Mohammad Ali Mahar, Ayesha A. Malik, Athar Minallah, Syed Hasan Azhar Rizvi, Shahid Waheed, and Irfan Saadat, mandates the PTI to submit its lists of candidates for the reserved seats within 15 working days of the court order. The ECP must then notify the number of reserved seats proportional to the general seats won by PTI.

This directive extends to the provincial assemblies in Punjab and Khyber Pakhtunkhwa. Notably, the latter province faced inadequate representation in the election of the President, Prime Minister, and Senate Chairman due to the reserved seats dispute.

Adherence to democratic principles and common sense suggests that these seats should be allocated to the party that received the public’s vote. Unfortunately, the ruling coalition’s major political parties, allegedly in collaboration with the ECP, sought to claim these seats for themselves. This maneuver aimed to secure a two-thirds majority, facilitating constitutional amendments to serve their interests as necessary.

Amid the current case proceedings, the government signaled its intent to amend the Supreme Court judges’ retirement age from 65 to 68, a change that could markedly influence the judiciary’s operations. Democracy hinges on the competition among political entities; it should not be tainted by unethical tactics to achieve questionable aims. The apex court’s verdict has clearly criticized the Election Commission of Pakistan for actions that likely eroded public trust in democratic processes. It is imperative for the election authority to maintain its independence, autonomy, and assertiveness effectively and meaningfully.

The majority ruling signifies not only the reinstatement of PTI as a legitimate political entity in both national and provincial assemblies but also its ability to claim a significant number of reserved seats for minorities and women, thereby strengthening its legislative presence.

This decision represents a dramatic turnaround for a party that, both before and after the recent general elections, was perceived as defunct, devoid of political rights due to the ECP’s misinterpretation of the Supreme Court’s January 13 ruling which had barred PTI from using its ‘bat’ symbol.

“The PTI was and remains a political party,” the Supreme Court pronounced to an eager audience gathered in the sweltering heat on its premises on a tense afternoon. On this matter, 11 of the 13 justices concurred. The majority opinion affirmed that denying a political party its election symbol does not impinge on its constitutional and legal rights to function as a political entity, including its right to participate in elections and nominate candidates.

These rights were blatantly undermined by the ECP when it repeatedly prevented PTI candidates from contesting on party tickets, treating them instead as independents. In a move of restorative justice, the Supreme Court’s ruling allows PTI to reorganize within parliament and reclaim the reserved seats previously denied, affirming their rightful entitlement.

This judgment rectifies a historical injustice. The PTI-SIC alliance was an anomaly, a strategic compromise forced by the arbitrary restrictions imposed on PTI by the ECP. The ECP’s refusal to acknowledge the coalition’s entitlement to reserved seats, reallocating them to other parties instead, defied logic and the principles of proportional representation, necessitating reversal.

Fortunately, the majority of the justices opted for comprehensive justice, rectifying the series of misjudgments propagated by the ECP’s ‘bat’ decision. This ruling aims to prevent the blatant electoral manipulation witnessed in the last general elections. The government must now ensure unobstructed implementation of this landmark judgment.

The Supreme Court’s decision signifies a turning point in Pakistan’s political and judicial history. By reinstating PTI’s reserved seats and emphasizing the importance of fair electoral practices, the court has upheld democratic principles and restored faith in the judiciary. The ruling serves as a reminder that democracy thrives on genuine competition and ethical conduct, free from manipulative tactics. Moving forward, it is crucial for the government and electoral bodies to respect and implement this verdict, ensuring that such injustices do not recur.