Construed legislation

A tailor-made legislation to scuttle and obstruct a decision of the apex court has been tabled in the National Assembly. The controversial bill is specifically aimed at denying the PTI its due share of reserved seats for women and minorities, and is in clear contravention to a majority judgment of the Supreme Court on July 12. Notwithstanding the inherent bias of the bill, and the wisdom-less bulldozing of the same by the ruling dispensation led by the PMLN, it is quite an argumentative aspect whether it can hold water in retrospect. It is a convention that such construed prescriptions are struck down by the judiciary for being aligned with mala fide intentions to override a rightful interpretation of the law for the sake of serving vested interests. So seems to be the case with this upcoming codification too, if made into a law.

The move is daringly in defiance of the top court verdict and has been legislated in haste without even waiting for the detailed judgement. The ruling combine was restless since day one, and had resolved to deny the PTI a comeback in the parliament as it was winning back its due share of seats after contested litigations. The denying tactics by the Election Commission along with the executive were written on the wall, and a later decision of the electoral watchdog to implement the verdict on reserved seats was with ifs and buts. This bill has simply cemented the perception that the beleaguered government is losing its political space in the parliament, and is bent upon holding the reins of power by hook or by crook.

The citation that parliament is supreme to legislate and the courts are there only for review and interpretation is half-baked analysis. Westminster democracy draws its synergies from the robes and all laws are subject to conventions of propriety. Laws with the intent of marginalisation and demeaning the Constitution are ultra vires, and poor in judgment. The government through this law will be furthering political discord, and this time around bringing the organs of the state in conflict.