Kiya makhsos nashisto ka mamla Supreme Court jayega??
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00:00 If the election commission decides not to give seats, how will they be distributed?
00:05 Will they be in the lists of the registered parties?
00:09 Because again, this is a very unprecedented situation.
00:11 I don't think so.
00:12 I think that every party has its own standards.
00:18 If they don't have their own standards, how can they give more seats?
00:22 So, the 81% is a kind of old age.
00:25 I think that ultimately this case will go to the Supreme Court.
00:30 And the Supreme Court will decide what should be done.
00:33 It is so sad because for the last two and a half years,
00:36 every political issue has to go to the Supreme Court.
00:40 Where these issues can be solved on a relevant forum, but they are not.
00:46 My first question is that if these seats are not given, will the elections be complete?
00:52 Again, because there are contradictions in the opinion.
00:55 Mr. Naveed thinks that the elections will be complete.
00:58 What is your opinion on this?
01:00 First, I would like to make a point of reference to Mr. Naveed.
01:07 The right of a political party to give specific seats is the creation of the constitution.
01:16 Through the constitution, an interest is being created, a right is being created.
01:20 After that, the constitution provides that if an independent MLA or MP joins the political party,
01:28 then even after joining, the proportion of the specific seats will increase.
01:34 So, in the constitution, you have a right, an interest is provided,
01:38 that you have a specific seat, whose minorities and women are being given, a right is being created.
01:44 Now, in the election act, a procedure is provided that you have to submit this date, this date, this date.
01:50 Then the election rules also govern this.
01:53 For instance, a political party has given 5 seats, but 10 seats have been given.
01:58 Then they can give 5 extra names, but they cannot change the seat in the first 5.
02:03 But if there is a political party that has not given any name,
02:06 then does their right, which is the mirror of Pakistan,
02:10 creates a subordinate legislation, like your regulation or any act of parliament.
02:16 Because the constitution is the supreme law of the land.
02:19 Through that, a right created cannot be overruled or overshadowed by a simple legislation or a rule.
02:26 The right that the constitution gives will remain there.
02:29 So, because of this, the constitution can regulate a simple legislation,
02:35 but it cannot annihilate it, it cannot destroy it.
02:39 That right still will remain intact.
02:42 In the procedure, if something happens in the front and back,
02:45 but because of that, a right, or in a vacuum, we cannot redundant any provision of the constitution.
02:52 This is a simple principle of the law, which the Supreme Court has also settled.
02:55 So, if your decisions are coming under the provision of a constitution,
02:59 then they will remain intact, the procedure can come back.
03:02 Look, procedure is important, Mr. Abuzar, because procedure is important again,
03:06 because you had to pay a price for the procedure in your inter-party elections.
03:10 If you knew beforehand that there was going to be an alliance with Sunni Tariq,
03:14 then shouldn't those lists have been submitted?
03:17 Won't this technicality go against you because Sunni Tariq has not given any list?
03:23 Look, procedure is absolutely important.
03:28 But if on one side, your right is being created in a constitution,
03:32 and on the other side, a simple legislation, which has a rule under it,
03:35 that a procedure is provided, that you have to give a list before that.
03:39 Can you end that right or that interest that you create under the constitution?
03:45 In my interpretation, when the constitution has given a right,
03:48 it cannot be ended through an act of parliament.
03:51 It can only be regulated.
03:53 So, you cannot interpret a provision in a vacuum and leave it empty,
03:57 the interest that is being created in it.
03:59 But as far as the issue that you were talking about,
04:03 look, the representation of all the political parties, minorities, women,
04:09 is being put in a vacuum.
04:11 And not just one political party, how this goes well with the spirit of the constitution.
04:16 It's bad, it's not inclusive.
04:18 But I have another question.
04:20 Article 25.3 is ours. Read it. Why was it made?
04:24 It was made because you have to make special laws for women and children.
04:29 And this is the property of that, so that you make their representation,
04:33 of minorities and women.
04:35 This is why this law was made, and you will make its fundamental right redundant,
04:40 that you did not give a list before, it did not have a list.
04:44 When an independent person comes to a party,
04:46 why do you allow him to join a party?
04:49 And after that, you increase the tension when he joins a minority.
04:53 This is your point.
04:54 Abu sahib, my question is next, because I asked this question to Naveed sahab as well,
04:57 that in case the election commission decides that these special sessions cannot be given,
05:03 as a result of which they are saying that there is a legal objection,
05:07 then this matter will be decided in the Supreme Court.
05:10 And if it is not, then these sessions cannot be given to someone else,
05:13 because the balance is fixed, then this matter will remain in limbo.
05:16 Look, the first question is that the election commission has allowed earlier examples,
05:22 so this is a principle of a simple law,
05:24 that if you adopt a practice, you are bound by it, this is the earlier view.
05:29 So, this is the reasoning in the first case.
05:32 And the second case, if they do not agree with us,
05:36 then we can challenge the decision of the Islamabad High Court, or the Peshawar High Court, or the Lahore High Court,
05:45 then we will see how the Supreme Court will proceed.
05:48 But this is an important point, Abu sahib, because I will ask this question to Naveed sahab as well,
05:51 but quickly, will the election of the president and the election of the Senate directly affect you, or in consequential terms?
05:58 Of course, Maria, it will affect.
06:01 If you read the Electoral College, in Article 41, what is the President's role?
06:05 The National Assembly, the Senate and the Provincial Assemblies.
06:09 Now, the composition of the Senate will also change due to the Provincial Assemblies,
06:13 and it will be much more important.
06:15 Then, if the entire Electoral College cannot vote a major chunk,
06:20 then how will you ensure that the President of the Assembly is in a free and fair election, or in a transparent manner,
06:27 when a major chunk of votes cannot be used?
06:31 So that will be again against the spirit of the Constitution, which promotes federalism,
06:36 and the symbol of federalism is your President of Pakistan.
06:40 Okay, this is the question, Naveed sahib, because this is a crisis, and until this matter is solved,
06:45 two elections are immediately ahead, the election of the Senate and the election of the President of Pakistan.
06:49 Yes, absolutely, I agree with him that of course it will affect.
06:54 The election of the President will also affect, and the election of the Senate.
06:59 But let me answer what sir said, that there is no doubt that the Constitution gives a right,
07:05 but to obtain that right, you have been given a procedure, and that procedure has been given in the Election Act.
07:12 But if you do not adopt that, then the consequences can be that those seats are not given to you.