ISLAMABAD: Pakistan’s Senate on Tuesday also passed a bill that could restrict the joining of independent lawmakers and the allocation of reserved seats to Pakistan Tehreek-e-Insaf (PTI) following the Supreme Court’s verdict on July 12.
Earlier today, the National Assembly approved the “Elections (Second Amendment) Act, 2024,” which amends the Elections Act 2017.
This legislation is viewed by political analysts as an attempt to counter the Supreme Court’s ruling that declared PTI eligible for reserved seats and allowed 41 independent MNAs to join PTI, which made it the largest party in the National Assembly.
The bill, introduced by PML-N lawmaker Bilal Azhar Kayani, was swiftly passed by the NA’s Standing Committee on Parliamentary Affairs with an 8-4 vote. It stipulates that if a candidate does not declare their party affiliation before seeking a symbol, they will be considered an independent candidate, not affiliated with any political party.
Law Minister Azam Nazeer Tarar argued that the bill would clarify existing confusion, although PTI’s Ali Muhammad expressed surprise at the minister’s defence of the private member’s bill. Shahida Akhtar of Jamiat Ulema-i-Islam (Fazl) criticized the bill, stating that it could undermine the strength of parliament.
The bill was subsequently presented to and passed by the Senate later in the day. Opposition leader Shibli Faraz condemned the bill as a “direct attack” on the Supreme Court and its ruling on reserved seats.
Key Provisions of the Bill:
Restriction on Independent Candidates: The bill stipulates that lawmakers who contested general elections as independent candidates cannot later change their affiliation to a political party. An independent candidate cannot be considered a party candidate if they subsequently submit a notarized statement declaring such an affiliation.
Reserved Seats Eligibility: Political parties that fail to submit their list of reserved seats to the Election Commission of Pakistan (ECP) within the stipulated timeframe will forfeit their eligibility for these seats. A party missing the deadline will lose its quota for reserved seats.
Declaration of Affiliation: The bill proposes that candidates will be considered independents if they do not submit a declaration of affiliation with a political party before requesting an election symbol. If a candidate fails to provide a party certificate confirming their affiliation, they will be deemed an independent candidate. Candidates are to file a declaration with the Returning Officer regarding their party affiliation and submit a certificate from their political party confirming their candidacy.
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Amendments target PTI
The Elections (Second Amendment) Act, 2024) revised Sections 66 and 104, imposing restrictions on independent candidates from joining political parties after a specified period.
The bill stipulates that parties failing to submit their list of reserved seats within the designated timeframe will forfeit their eligibility for these seats. It also mandates that candidates who do not provide an affidavit of party affiliation to the returning officer will be classified as independents, and any subsequent declaration of party affiliation post-election will not be recognized.
This bill will be applied retroactively, targeting the 41 independent lawmakers who could potentially join Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party following the Supreme Court’s July 12 verdict. The court had recognized PTI as a legitimate party and ruled that independents could join it. Additionally, the court ruled that 39 members who had shown affiliation with PTI during their nomination were already considered PTI members, while another 41 lawmakers, elected with PTI support, could join the party after submitting an affidavit.
The Election Commission of Pakistan has already acknowledged 39 lawmakers as PTI members, but the status of the remaining 41 is still unresolved. Following the verdict, PTI was poised to become the largest party in parliament, potentially reducing the ruling coalition’s two-thirds majority and gaining a share of the reserved seats.
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The new law, if enacted, would prevent these 41 independent candidates from joining PTI, as they had already aligned with the Sunni Ittehad Council (SIC) post-election. PTI had encouraged its supported independents to join SIC to secure a share of the reserved seats, based on parliamentary strength. However, SIC’s attempt to claim reserved seats failed, and its petition led to the Supreme Court’s ruling allowing independents to join PTI.
