Daily Times

The recent Supreme Court (SC) detailed verdict, concerning the allocation of reserved seats to the Pakistan Tehreek-e-Insaf (PTI), marks a pivotal moment in the country’s democratic evolution. The ruling came in response to the government’s legislative manoeuvring aimed at marginalizing the opposition, as well as the Election Commission of Pakistan’s (ECP) refusal to allot reserved seats to PTI, despite the fact that the candidates it backed in the elections had won a majority.

PTI candidates, running as independents due to the denial of their party symbol by the ECP, won the majority of seats despite significant obstacles, including a ban on rallies, the detention of key leaders, an Election Day internet outage, and unusually delayed poll results. However, they were barred from being recognized as a parliamentary party.

The Supreme Court ruling addressed and corrected the ECP’s questionable conduct, ensuring the protection of electoral rights and reaffirming the integrity of democracy. In doing so, the SC made it abundantly clear that denying a major political party recognition infringes upon the electorate’s rights. The court condemned the “unlawful acts” of the ECP and Returning Officers (ROs) for prejudicing both PTI and the electorate. It also emphasized that the ECP had failed to perform its role as the guarantor of democratic processes.

At the core of the Supreme Court’s decision lies a fundamental belief in the right to vote as the foundation of any democratic system.

The SC, in the aforementioned verdict, further asserted that the court’s power to deliver “complete justice” is a vital tool in preventing democratic backsliding and effectively protecting democracy. Justice Mansoor Ali Shah, who authored the verdict, categorically stated that it was out of the question that the ruling would not be implemented.

At the core of the Supreme Court’s decision lies a fundamental belief in the right to vote as the foundation of any democratic system. This principle forms the bedrock of the judgment, as the SC recognized the need to protect and restore the electorate’s ability to make unhindered choices. In any democracy, the right to vote is not just a procedural aspect but a fundamental right, which underpins the very legitimacy of the system. Justice Mansoor Ali Shah, in delivering the verdict, clearly highlighted that the issue before the court was not merely a civil dispute but one of great importance to electoral rights and the functioning of democracy.

The Supreme Court recognized that PTI, a major political force, was unjustly sidelined by administrative and procedural hurdles created by the Election Commission of Pakistan. The SC judgment rests on the assumption that any deliberate attempt to marginalize a political party is tantamount to denying the people their right to vote for their desired representatives. This idea of the right to vote as the foundation of democracy is not just implicit but explicitly stated through the court’s emphasis on correcting electoral injustice.

The Supreme Court’s ruling reflects the understanding that political parties are essential to the functioning of democracy because they provide the platform through which the people’s will is articulated. The Election Commission of Pakistan had refused to acknowledge PTI candidates as part of the parliamentary party after they were forced to contest as independents due to the ECP’s refusal to allot the party symbol. This refusal directly contradicted the democratic principle that the people have the right to choose not just individual candidates, but also the policies and leadership represented by political parties. The SC recognized this marginalization as a serious democratic violation and took steps to rectify it by restoring PTI’s right to its reserved seats.

The SC’s verdict explicitly criticized the ECP’s conduct as unlawful and prejudicial to PTI and the electorate. By denying PTI candidates the ability to contest under their party symbol, the ECP effectively attempted to rewrite the electoral results, thereby infringing upon the people’s choice.

The Supreme Court’s intervention ensured that the ECP could not serve as a tool for the government’s political objectives. The ruling not only restored PTI’s right to reserved seats but also set a precedent for the independence of electoral institutions. The SC made it clear that democratic integrity cannot be sacrificed at the altar of procedural manoeuvres designed to marginalize any political force, especially one that commands majority support.

In response to the Supreme Court’s short order of July 12 to restore PTI’s reserved seats, the ruling coalition government swiftly passed legislation intended to lock members into parties they had joined, preventing them from switching affiliations. This legislative move was a direct attempt to counteract the court’s ruling and further marginalize PTI by legally binding its candidates to other parties.

However, the SC judgment invalidated this legislative manoeuvre, emphasizing that democratic justice cannot be subverted by temporary legislative fixes. By invoking Article 187 of the Constitution, the SC justified its actions as necessary to provide complete justice in light of the unlawful conduct of the ECP. Justice Mansoor Ali Shah’s verdict underscores that democratic integrity-the protection of the people’s right to vote and free choice-takes precedence over legislative efforts to manipulate outcomes. The court understood that the government’s legislation was nothing more than a tool to consolidate power and deny the rightful representation of the majority party.

Critics, including senior lawyer Farooq H. Naek, have argued that the Supreme Court should have stayed within the bounds of procedural justice, ensuring that all actions were taken within the parameters of the law. However, the SC recognized that procedural justice, in this case, would have only perpetuated an unjust outcome-the exclusion of PTI from its rightful place in the parliament. By invoking substantive justice, the court aimed to correct a wrong that procedural mechanisms had failed to address.

The Supreme Court’s verdict on the allocation of reserved seats to PTI reflects its commitment to protecting electoral rights and democratic integrity. By setting aside legislative manoeuvres and procedural hurdles erected by the government and ECP, the SC ensured that the will of the people remained paramount. The ruling, grounded in the foundational assumptions of democracy and electoral fairness, serves as a vital step toward safeguarding Pakistan’s fragile democratic system from manipulation and backsliding.

The writer is an Islamabad-based veteran journalist and an independent researcher. He can be reached on Twitter @riazmissen