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The Controversy Surrounding Amendments in Election Act

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Ahmed Yar

Government’s Move to Introduce Second Amendment Bill Sparks Tension Amidst Supreme Court Ruling on Reserved Seats

Recently, the government’s swift response to the Supreme Court’s July 12 ruling about reserved seats, which had favorably positioned PTI as the largest party in the house, has sparked widespread debate and speculation. Irrespective of the specifics within the Second Amendment Bill to the Election Act 2024, it is evident that the government is determined to take action without delay.

The postponement of PML-N’s review petition and their discontent with the decision to ban PTI raised questions about their next course of action. The recent introduction of a bill by a private member aiming to amend election laws in a way that would counter the Supreme Court’s judgment seems to be their answer. This move has raised concerns and instigated discussions across the political spectrum.

The proposed amendment, which aims to restrict independent candidates from joining parties’ after the stipulated time’ and bars parties from accessing reserved seats if they fail to submit their lists’ in time,’ has prompted a significant question: what about the popular vote? The introduction of this amendment has also included a declaration that its provisions would take precedence over court orders, including those of the Supreme Court, leading to further controversy and tension.

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The escalating divide between the executive and judiciary has caused many to view this proposed legislation as a direct challenge to the authority of the courts. While the legislature holds the power to enact laws, the judiciary equally possesses the authority to interpret these laws. This clash between the two pillars of the state has intensified concerns regarding the stability and functionality of the country’s governance.

It is widely anticipated that if such an amendment were to pass and nullify the apex court’s judgment, it would be met with legal challenges and ultimately overturned. This underscores the urgent need for all parties, especially the executive branch and establishment, to step back and reevaluate the situation to avoid further escalation.

In light of the pending matters stemming from the February 8 election, the current developments are adding to the unresolved turmoil. Furthermore, with the nation grappling with political instability while navigating a challenging economic landscape, another confrontation between key state institutions is highly unwelcome. As the country seeks a bailout programme and endeavours to attract foreign investment, political stability and harmonious institutional relations are crucial for the nation’s progress.

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