All eyes are now on the Supreme Court of Pakistan, tasked with determining the allocation of reserved seats in a decision that could shape the future of the nation’s governance and potential constitutional amendments. The Court recently reserved its verdict on an appeal filed by the Sunni Ittehad Council (SIC) against the Peshawar High Court’s ruling, which upheld the Election Commission of Pakistan’s (ECP) decision to deny them reserved seats (JURIST).
Pakistan Tehreek-e-Insaf’s (PTI) troubles began when the ECP revoked their symbol in December 2023, due to the failure to conduct intra-party elections. Although Section 208(5) of the Elections Act 2017 only prescribes fines for such infractions, the ECP treated PTI as if it ceased to exist as a political entity. This decision was reinstated by the Supreme Court in January 2024, leading PTI candidates to contest as independents in the February elections, which raised crucial constitutional and procedural concerns.
Post-election, PTI-backed independents joined the SIC to claim reserved seats. However, the ECP rejected this claim, redistributing the seats to other parliamentary parties such as PML-N and PPP. The rationale for reserved seats in Pakistan aims to ensure representation of underrepresented groups, as mandated by Article 51(6)(d) and (e) of the Constitution.
The allocation has sparked controversy, particularly in the Khyber Pakhtunkhwa Assembly, where PTI-backed independents won significantly more seats compared to other parties, yet did not receive proportional reserved seats. For instance, JUI-F, with only seven general seats, received 10 reserved seats, while PML-N and PPP also received more reserved seats than they might merit proportionally.
The live broadcast of the hearings by the 13-member full court bench has further stirred controversies and pointed to a precedent from the Balochistan Awami Party (BAP), which received a reserved seat for women without contesting in the 2018 elections.
As the Supreme Court deliberates, it must consider broader implications beyond seat allocation. Despite setbacks, PTI-backed independents won the largest number of seats in Pakistan’s directly elected National Assembly. Chief Justice of Pakistan needs to dispel concerns of bias and emphasize the court’s role in upholding democratic principles enshrined in the Constitution, ensuring fair representation and proportionate distribution of reserved seats.
For more detailed insights, you can read the full dispatch on the JURIST website.