The Supreme Court reserved seats verdict has ruled that the court cannot rewrite the Constitution while giving relief. In its detailed order issued Thursday, the Constitutional Bench declared that the earlier July 12, 2024, judgment granting PTI reserved seats was unconstitutional. The bench explained that Article 187 could not be used when the issue was never pending before the court.
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The order, led by Justice Aminuddin Khan, stressed that courts must interpret the law but cannot change its meaning. Judges cannot use personal preferences to alter the Constitution, the ruling said. It further explained that only the legislature and Constitution-makers have the authority to decide how reserved seats are distributed.
The bench also highlighted that elected members on reserved seats had legal protection under the Constitution and the Elections Act. Their elections could only be challenged through petitions, not overturned by direct court orders. The ruling criticized the July 12 decision for ignoring these rights and for mischaracterizing election disputes as inquisitorial instead of adversarial.
Additionally, the detailed order quashed the Supreme Court’s earlier move that had cancelled the Election Commission’s notification of May 13, 2024. The court held that undoing the election of notified members was not valid. It clarified that Article 225 clearly restricts challenges to election outcomes to proper petitions, not judicial overreach.
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Meanwhile, two dissenting judges, Justice Ayesha Malik and Justice Aqeel Abbasi, expressed concern over the bench’s constitution. They argued that some original judges were wrongly excluded. They said the Judicial Commission must ensure fairness, integrity, and transparency in such cases. This, they stressed, is vital to protect public trust and the independence of the judiciary in light of the Supreme Court reserved seats verdict.