Parliament, SC face off over reserved seats

NA speaker urges ECP to discard court verdict Cites provisions of newly-enacted elections act

ISLAMABAD:

The ongoing face-off between parliament and Supreme Court has escalated as National Assembly Speaker Sardar Ayaz Sadiq issued a forceful letter to the Election Commission of Pakistan (ECP) on Thursday, urging it to respect parliamentary sovereignty in the allocation of reserved seats to the Pakistan Tehreek-e-Insaf (PTI).
The letter comes on the heels of a Supreme Court judgment that had ruled that independent candidates, after winning elections, could join political parties and alter their political allegiance followed up by a note released by eight SC judges directing ECP to implement the judgment at the earliest.
On July 12, the Supreme Court declared PTI a parliamentary party and held that PTI was eligible to get reserved seats that were earlier distributed among other parties in the national and provincial assemblies.
However, in response, parliament passed the Elections (Second Amendment) Act, 2024, which imposes new restrictions on party-switching by independent candidates and overrides the Supreme Court’s ruling. The bill was tabled by PML-N MNA, Bilal Azhar Kayani.
Through his letter, the speaker pointed out that parliament passed an amendment to the election law, saying it prohibits independent candidates who join a party post-election from switching their affiliation. Apparently, the speaker’s letter is a direct challenge to the court’s decision as he has reinforced parliament’s stance on the supremacy of its legislative authority.
The speaker has emphasised that the recent amendments to the elections act must be applied when the ECP allocates these contested seats, highlighting that the judgment was rendered before the new law was passed and thus become outdated in light of the legislative changes.
Parliament’s sovereignty vs judicial authority
In the letter, Sadiq elaborated on the importance of upholding parliamentary sovereignty, stating that any attempt to undermine this principle could erode public trust in democratic institutions. “Upholding the principles of parliamentary sovereignty is essential in maintaining the integrity and independence of our parliamentary system. Any actions perceived as undermining the sovereignty of the parliament can erode public trust and confidence in our institutions,” he stated.
Sadiq while referring to the Supreme Court’s July 12 judgment, which allowed independent candidates to switch political parties after already aligning with one, explicitly cited the provisions of the newly enacted Elections (Second Amendment) Act, 2024, which now makes such party-switching irrevocable. “No allocation can now be made by the ECP without applying the Amended Election Act to the fullest. As the Judgement of the SC was rendered based on the law prior to the enactment of the amendment, the said judgment is now incapable of implementation,” the speaker wrote.
The letter further cited Section 66 of the Amended Election Act, which stipulates that a candidate must declare their political party affiliation before the Returning Officer during the election process. If such a declaration is not made, the candidate will be considered independent. Section 104-A of the same Act declares that any affiliation given by an independent candidate to a political party is “irrevocable and cannot be substituted or withdrawn.”
Sadiq underscored that these amendments have retrospective effect, starting from the 2017 Election Act, which invalidates the Supreme Court’s July ruling. He argued that the legislative change obligates the ECP to disregard the previous court order in favor of the amended law.

Political implications of reserved seats

The significance of the reserved seats allocation extends beyond legal debates. The suspended seats currently prevent the ruling PML-N-led coalition from achieving a two-thirds majority in the National Assembly, limiting their ability to pass constitutional amendments and other key legislation. If the Supreme Court’s ruling is implemented, PTI can gain control over these seats and emerge as the single largest party in NA.
The current dispute comes after the PML-N-led alliance failed to pass the 26th constitutional amendment bill, which aimed to introduce major changes in the judicial territory including establishing Federal Constitutional Court. The bill was blocked by Maulana Fazlur Rehman, chief of the JUI-F, who withheld his party’s eight votes in the National Assembly and five in the Senate, leading to the bill’s collapse. Despite efforts by the government to negotiate with JUI-F and end the political standoff, the ruling coalition has remained unable to end the political standoff with Maulana yet.
By highlighting parliamentary sovereignty in his letter, the speaker is indirectly addressing these political fractures, signaling that the allocation of reserved seats could further de-stabilise the fragile balance of power in the government.

Legal & constitutional conflict

The speaker’s letter also reflects a broader legal and constitutional conflict between the parliament and the judiciary, with the ECP caught in the middle. The letter strongly argued that the amended election act, being the most recent law, supersedes the earlier judgment of the Supreme Court. “It is the statutory obligation of the ECP to honour the laws made by parliament and uphold the principles of democracy and parliamentary supremacy,” Sadiq emphasised.
The direct challenge to the Supreme Court’s judgment sets the stage for a possible legal battle between the legislative and judicial branches. However, the speaker’s insistence that the amended law must be applied retrospectively to invalidate the court’s earlier decision places the ECP in a difficult position, as it must now balance compliance with both parliamentary law and judicial orders.

ECP dilemma

As the ECP deliberates on the speaker’s letter, the political landscape remains tense. The outcome of this standoff will not only determine the allocation of reserved seats but also shape the balance of power in the National Assembly.
If the ECP sides with parliament and applies the amended law, the ruling coalition may regain its advantage. However, if the Supreme Court’s judgment is upheld, PTI will secure the seats, delivering a significant blow to the government by becoming as the single largest party in the house.
With both the parliament and the judiciary asserting their authority, the reserved seats dispute remains unresolved and further complicates the political and economic woes.