ISLAMABAD: The government claims that recent amendments in election laws pave the way for the ruling coalition securing two-thirds majority in the parliament.
Rana Sanaullah, Adviser to the Prime Minister on Political Affairs, when approached told The News that after the recent amendments to the election laws, the coalition parties are set to secure 2/3 majority in Parliament. He said that this will be formally done once the notification is issued by the Election Commission of Pakistan (ECP).
Rana Sanullah, however, insisted that the ECP is bound to act as per law and the constitution. Following the Supreme Court’s decision in SIC (Sunni Ittehad Council) case, the ECP through a notification had suspended the membership of those ruling coalition parties MNAs and MPAs, who were elected against special seats for women and minorities on the basis of ECP’s earlier decision that SIC was not eligible to get any share in special seats quota.
In the backdrop of the recent legislation, the government parties now expect from the ECP to issue notification for the restoration of the membership of the national and provincial assemblies, whose victory notifications were suspended following the SC’s decision.
Rana Sanaullah argued that Parliament can legislate against any Supreme Court judgment and there is nothing in the law or the constitution to bar the legislature from doing so. Parliament, he said, cannot legislate anything against the Constitution or Sharia.
The PM’s adviser said that implementation of the SC’s decision means suspending certain articles of the constitution including Article 51 and 106. Such an order cannot be implemented, he said, adding that the recent legislation by Parliament explains the legal position in the light of the constitution. The ECP, he emphasised, is now bound to act as per the amended law and the constitution.
If the ruling coalition political parties regain 2/3 majority in Parliament then it will be able to make any amendment to the constitution. There have been media reports about the government’s intention to extend the tenure of incumbent Chief Justice.
However, Law Minister Azam Nazir Tarar had told the media that there was a proposal under consideration for raising the retirement age of all civil servants. He had said that Chief Justice Qazi Faez Isa was not interested in getting an extension. Government ministers have been talking vaguely on the issue but if the retirement age is increased in the case of civil servants and judges, it would not mean extension to any particular person.
In the case of government servants, the retirement age can be increased by way of simple legislation or through policy change by an executive order. However, in order to increase the retirement age of Supreme Court and High Court judges, the constitution has to be amended and that will be possible only with the support of a 2/3 majority of Parliament.
