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Will SC Short Order Affect the Constitutional Amendment?

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Editorial

The Supreme Court has issued a clarification on PTI MNAs and has also criticized the Election Commission’s Actions. On 14-09-2024, the Supreme Court issued a brief clarification regarding the status of 88 members of the National Assembly (MNAs) affiliated with the Pakistan Tehreek-e-Insaf PTI. This clarification came in response to a request made by the Election Commission of Pakistan.

The Court refrained from issuing a detailed verdict on the case about reserved seats, which involves the allocation of seats in the National Assembly for women and minorities. However, as it goes, it issued a short order regarding the clarification sought by the ECP. This short order is significant and instrumental and has raised concerns about the prospects of a judicial package or constitutional amendment. Numbers are critical for amendment, and there are rumours of the deflection of PTI members.

With this order implemented, the votes and qualifications of deflected PTI members will be at stake, and they might face disqualification if they do not follow the party’s discipline. The eight judges who provided this clarification did not mince their words when they criticized the Election Commission of Pakistan (ECP). Their strong disapproval of the commission’s actions, which they accused of employing dilatory tactics aimed at obstructing the implementation of the Court’s decision, is a clear sign of the Supreme Court’s stance on the matter.

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This development has significant implications for Pakistan’s political landscape and has stirred debate about the relationship between the judiciary, the election regulatory body, the government, and the powerful. The Supreme Court’s decision to issue a brief clarification rather than a detailed verdict has raised questions about future legal and constitutional reforms. However, sources within the federal government claim that they still have the numbers to legislate the amendment. In this regard, the role of the JUIF leader, Maulana Fazal ur Rehman, is critical.

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