ISLAMABAD: Pakistan’s Parliament on Tuesday hurriedly passed a bill seen as a move to checkmate jailed former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party from getting independently elected lawmakers into party and its share in reserved seats in the light of the Supreme Court’s verdict on July 12.
Earlier, the National Assembly had approved the “Elections (Second Amendment) Act, 2024,” which amends the Elections Act 2017. This legislation is seen as a response to the Supreme Court’s decision that recognized PTI’s eligibility for reserved seats and allowed 41 independent MNAs to join PTI, potentially making it the largest party in the National Assembly.
The bill, introduced by PML-N lawmaker Bilal Azhar Kayani, was quickly passed by the National Assembly’s Standing Committee on Parliamentary Affairs with an 8-4 vote. It stipulates that if a candidate does not declare their party affiliation before requesting an election symbol, they will be considered an independent candidate, not affiliated with any party.
Law Minister Azam Nazeer Tarar defended the bill as a measure to resolve existing confusion, although PTI’s Ali Muhammad expressed surprise at the minister’s support. Shahida Akhtar of Jamiat Ulema-i-Islam (Fazl) criticized the bill, suggesting it could weaken parliament’s authority.
The bill was subsequently approved by the Senate. Opposition leader Shibli Faraz condemned the bill as a “direct attack” on the Supreme Court’s 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 to file a declaration with the Returning Officer regarding their party affiliation and submit a certificate from their political party confirming their candidacy.
Amendments target PTI
The Elections (Second Amendment) Act, 2024 revises Sections 66 and 104, placing restrictions on independent candidates joining political parties after a specified period. The bill will be applied retroactively to the 41 independent lawmakers who could potentially join PTI following the Supreme Court’s ruling.
The court had recognized PTI as a legitimate party and allowed independents to join. It also ruled that 39 members already affiliated with PTI during their nomination were considered PTI members, and 41 other lawmakers could join PTI after submitting an affidavit.
The Election Commission of Pakistan has recognized 39 lawmakers as PTI members, but the status of the remaining 41 is unresolved. The new law, if enacted, would prevent these 41 independents from joining PTI, as they had already aligned with the Sunni Ittehad Council (SIC) post-election. PTI had encouraged its supporters among independents to join SIC to secure reserved seats based on parliamentary strength, but SIC’s attempt to claim these seats failed, leading to the Supreme Court’s ruling allowing independents to join PTI.
