Daily Times

As expected in some circles, the promulgation of the General Elections-2013 Inquiry Commission Ordinance 2015 has been challenged in the Supreme Court (SC). The legality of the inquiry through a Judicial Commission was under debate in these circles and now the case has landed in the SC. The petitioner has argued that the issuance of the Ordinance is a clear violation of the Constitution and the court should annul the establishment of the Judicial Commission. As per Article 225 of the Constitution, all election-related affairs can only be taken up at election tribunals. The impugned Ordinance may be at odds with and its scope may be considered ultra vires of Article 225. Its enforcement therefore has given birth to some intriguing possibilities and questions. First of all, uncertainty prevails about the validity of the Inquiry Commission Ordinance, impending formation of the Commission and its findings. Can it substitute the election tribunals for the election as a whole when the tribunals are already hearing various election-related pleas? Second, the status of the Ordinance is unclear due to its scope being contradictory to the Constitution. The court is being asked to decide whether the Ordinance can supersede the provisions of the constitution. There is a question whether the SC will give a stay against the Ordinance while it deliberates the matter or allow the formation of the Commission simultaneously with the hearing of the petition. Legal complexities are involved in either case. The SC also faces a conundrum about the formation of the Commission as its three judges are expected to be its members. The government has already forwarded a formal request to the SC for the formation of the Commission. Whether the Ordinance will survive the legal battle or not is a million dollar question. The promulgation of the Ordinance has already been criticised as a compromise between the PML-N and PTI but on weak legal foundations. It is being argued that the PML-N promulgated the Ordinance only to relieve the pressure of the PTI’s politics of agitation.

The issue has become complex and it is only the SC that can resolve the controversy as per the law. One should refrain from assumptions and speculations about the possible outcome of the case. It goes without saying that the issue must be resolved within the ambit of the constitution and as per democratic norms. There needs to be an end to the persistent political gridlock over the elections’ authenticity and badly needed electoral reforms need to be tackled once and for all. Already the country has suffered a lot due to the politics of agitation. The political parties need to act sensibly and do nothing that could damage the country any further. *